When Someone Else's Negligence Turns Fatal in Greater Philadelphia
A distracted driver speeds through a red light on Roosevelt Boulevard. A surgical sponge is left behind in a University City operating room. A defective lift at a South Philly warehouse collapses without warning. However it happens, a loved one is gone, and hospital bills, funeral costs, and lost wages create a financial burden that piles up just as fast as the grief. Our Pennsylvania wrongful death lawyers shoulder the entire legal process so your family can focus on healing.
From our Center City office, we fight for injured Pennsylvanians across the Greater Philadelphia area, including Bucks, Montgomery, Delaware, and Chester Counties.
Why Bereaved Families Trust The Law Offices of Craig A. Altman
Insurance adjusters know wrongful death payouts run high, so they move quickly to protect their bottom line. We move faster.
Track record of seven-figure recoveries across a variety of personal injury cases, including a $20 million wrongful death settlement.
Rapid evidence preservation, including vehicle “black boxes,” surgical logs, OSHA reports, and surveillance video, secured within hours.
Dual-action strategy includes both the Pennsylvania wrongful death claim and the companion survival action to maximize every category of financial compensation.
Compassion + courtroom muscle offers plain-spoken guidance for families and ruthless cross-examination for negligent defendants.
Fatal Accident Scenarios We Handle
Wrongful death litigation can grow out of almost any wrongful act, including but not limited to those on a highway, in an operating room, or at a construction site. The table below highlights the tragedies we investigate and the hazards that most often leave surviving family members searching for justice.
Case Type | Common Triggers |
|---|---|
Fatal Car Accident | Distracted, drunk, or speeding drivers; truck underrides; rideshare collisions |
Medical Malpractice | Misdiagnosed heart attack, surgical errors, anesthesia mistakes |
Construction Accidents | Fall from height, forklift roll-over, trench collapse |
Premises Liability | Apartment fires, negligent security shootings, and fatal dog attacks |
Defective Products | Exploding lithium-ion batteries, unsafe children’s furniture |
If another party’s negligence steals a life, our experienced wrongful death attorneys stand ready to act.
Wrongful Death vs. Survival Action: Why File Both?
The Pennsylvania Wrongful Death Act lets eligible family members (i.e., the surviving spouse, children, and/or parents) recover for the economic and emotional void left behind, while the companion Survival Act preserves the claims the decedent could have filed if they had lived.
Action | Who Recovers? | Typical Damages |
|---|---|---|
Wrongful Death (42 Pa. C.S. § 8301) | Spouse, children, or parents (or the estate if no direct heirs) | Funeral expenses, medical bills, lost household services, loss of future income, loss of companionship. |
Survival (42 Pa. C.S. § 8302) | Estate, then distributed to heirs by will or intestacy | The decedent’s pain and suffering, lost earnings until death, and punitive damages. |
Filing both claims captures every dollar the law allows, money your family needs to steady the future.
Types of Wrongful Death Compensation We Pursue
Losses after a wrongful death reach far beyond the funeral bill. Our goal is to document every economic hit and every human cost so the insurance company has nowhere to hide.
Medical expenses & end-of-life costs including ER, ICU, hospice, funeral, and burial expenses.
Lost earnings & benefits such as future paychecks, health insurance, and retirement contributions the decedent would have provided.
Household services, including childcare, lawn work, and things now hired out.
Loss of companionship & guidance, the human side, insurance companies often ignore.
Pain and suffering of the deceased can be recovered through the survival action.
Punitive damages are available for reckless conduct like DUI or willful safety violations.
Every receipt and expert report goes into a master damages file so nothing slips through the cracks.
Key Pennsylvania Laws Every Family Should Know
Pennsylvania statutes set strict deadlines, define who may sue, and even dictate how money is shared. The statute of limitations in Pennsylvania for filing a wrongful death lawsuit is typically two years from the date of death. Understanding these rules early protects your claim and prevents insurers from exploiting technicalities.
Rule | What It Means |
|---|---|
Two-Year Statute of Limitations – 42 Pa. C.S. § 5524 | File within two years of death or lose the claim. |
Beneficiary Order – 42 Pa. C.S. § 8301(b) | Spouse and children first; parents next; then personal representative if no direct heirs. |
Measure of Pecuniary Loss | Courts focus on the decedent’s contributions, including income, services, and guidance. |
Comparative Negligence – 42 Pa. C.S. § 7102 | Recovery is allowed if the decedent was ≤ 50 % at fault; the award is reduced by that percentage. |
Caps on Damages | No cap on compensatory damages; punitive damages are capped at double compensatory damages only against Commonwealth defendants. |
Knowing the statutes early keeps insurers from gaming loopholes and positions your Philadelphia wrongful death attorney to demand full value.
What To Do After a Fatal Accident in Pennsylvania
Secure official records. Obtain the police or incident report and the death certificate.
Preserve evidence. Save photos, medical charts, work logs, and witness contacts; back them up digitally.
Open the estate. A short grant of letters lets the personal representative file suit and sign releases.
Track expenses & grief counseling. Keep funeral invoices, travel receipts, and therapy bills in one folder.
Call the Altman Team at (215) 569-4488. We file notices, stop spoliation, and guide you through probate.
FAQs for Wrongful Death Victims Seeking Compensation
How long will a wrongful death case take?
Every case follows its own timeline. Factors such as the complexity of the accident, the number of defendants, and the court’s calendar can all influence how long the process takes. Many wrongful death claims are settled before going to trial, but can take longer if litigation is necessary. While some matters resolve in under a year, others may require litigation that can span several years. Our team works diligently at every stage to keep your claim moving through the legal process as quickly and strategically as possible.
Who can file a Pennsylvania wrongful death lawsuit?
The personal representative files for both wrongful death and survival claims. If none is appointed within six months, any beneficiary may file to protect the statute but must later hand over control to the deceased person's estate. This ensures that the rights of all beneficiaries are preserved even if initial steps are delayed.
What wrongful death damages are split among heirs?
Wrongful death proceeds go directly to statutory beneficiaries and aren’t subject to Pennsylvania inheritance tax. Survival action proceeds pass through the estate and are taxed like any other asset distribution.
What does it cost to hire a top wrongful death lawyer in Pennsylvania?
Many wrongful death attorneys work on a contingency basis, meaning they only get paid if the family wins the case. We advance all costs, court fees, expert witnesses, and economic-loss reports, and work on a contingency approved by Pa. R. Prof. Cond. 1.5(c). No recovery, no fee.
Can we change wrongful death attorneys if we’re unhappy?
Yes. You have the right to switch counsel at any stage. We handle the substitution paperwork and resolve any prior fee liens without delaying your case.
Ready to Recover Damages to Protect Your Family’s Future?
For over 35 years, our Philadelphia wrongful death lawyers have turned insurer stall tactics into security for grieving families. Click below for a free, confidential consultation.
$10 Million
Burn Injury in Pennsylvania
$1.3 Million
Bar Patron Assault in Pennsylvania
$750,000
Injury Caused by an Exploding Thermos
$550,000
Neck & Back Injuries
$400,000
Motor Vehicle Accident
$300,000
Minor with a Broken Leg
$300,000
Injuries Resulting From a Trip & Fall
$250,000
Pedestrian Accident
Injured? Tell Us Your Story. We’ll Handle the Rest.
Call To Speak To A Lawyer For A Free Case Evaluation.
Cases We Handle in Pennsylvania
Hurt in a car crash, trucking accident, slip-and-fall, or other negligence-based mishap in Southeast Pennsylvania?
The Altman Team focuses exclusively on personal injury law, leveraging a deep command of Pennsylvania tort statutes to win maximum compensation for residents of Philadelphia, Bucks, Montgomery, Chester, and Delaware Counties.
You owe us nothing unless we recover compensation for you.