Philadelphia Wrongful Death Lawyer

Our Philadelphia wrongful death lawyers understand that in the wake of a sudden loss, legal issues are the last thing your family should have to confront. Yet, the law provides a path for holding negligent parties accountable.

In Pennsylvania, when another’s actions or failures lead to a loss of life, the law allows the surviving family members to pursue a claim to help secure their future and find a measure of closure.

At Wapner Newman, we are here to manage these responsibilities for you. Your first step is a simple conversation. Call us at (215) 569-0900 today to discuss your situation with a compassionate member of our team.

Why Choose Wapner Newman for Your Family’s Claim

A Legacy of Fighting for Philadelphia Families

Wapner Newman was founded in 1978 by Morton Wapner and Robert Newman with a clear mission: to provide fierce, dedicated representation to injury victims. For over 40 years, our firm has been deeply embedded in the Philadelphia community, serving families across the Delaware Valley with unwavering commitment.

We have grown from a two-partner practice into a powerhouse firm where every attorney was recognized as a Super Lawyer or Rising Star in 2021.

Proven Results in Catastrophic Cases

Our firm has a long history of handling high-stakes, catastrophic cases against well-funded opponents. We have the resources, knowledge, and determination to see these complicated claims through to a just resolution.

Our involvement in securing the $227 million settlement for victims of the Market Street building collapse, the largest in Pennsylvania history, demonstrates our ability to manage difficult litigation and achieve landmark results.

Our record in fatal and catastrophic injury claims speaks for itself, including:

• $5.4 million for the family of a fatally injured burn victim.
• $2.4 million verdict in a fatal three-car accident.
• Representation for the family devastated by the 2022 Pottstown home explosion, which claimed five lives.

Accessible and Compassionate Representation

Our office is located at 1628 John F Kennedy Boulevard, Suite 800, just a short walk from Philadelphia City Hall and Suburban Station, making it convenient for those using public transit.

However, we understand that travel may be a significant hardship for a grieving family. That is why we stand by our promise: If you cannot come to us, we will come to your home or provide transportation to our office.

Our Commitments to You

• No Win, No Fee: We handle all wrongful death cases on a contingency fee basis. This means you pay nothing upfront, and we only receive a fee if we secure compensation for your family.
• Principal Partner Assignment: Your case will be assigned to a principal partner who has experience in this area of law. It will not be passed down to a junior associate.
• Selective Caseload: We do not take every case that comes our way. If we accept your case, it is because we are fully committed to resolving it and believe we can achieve a positive outcome.

How Wrongful Death Claims Work in Philadelphia

Who Is Eligible to File?

Under Pennsylvania law, a wrongful death claim must initially be filed by the Personal Representative of the deceased person’s estate. This is typically the person named as the executor in a will.

If the Personal Representative does not file a claim within six months of the death, then any of the legal beneficiaries, the spouse, children, or parents of the deceased, may file the claim on behalf of all beneficiaries.

Establishing Liability

To succeed in a wrongful death claim, we must prove that the death was caused by the negligence, recklessness, or intentional act of another party. This legal responsibility, or liability, may arise from many different scenarios.

Common Types of Fatal Accidents:

• Motor Vehicle Accidents: Collisions involving speeding, distracted driving, drunk driving, or poorly maintained commercial trucks.
• Medical Malpractice: Fatalities resulting from surgical errors, anesthesia mistakes, birth injuries, or a failure to diagnose a deadly condition.
• Premises Liability: Deaths caused by unsafe property conditions, such as building collapses, fires, explosions, or negligent security.
• Workplace Accidents: Incidents on construction sites or in industrial settings involving falls, equipment malfunctions, or exposure to hazardous materials.

Relevant Legal Concepts

• Statute of Limitations: In Pennsylvania, a wrongful death lawsuit must generally be filed within two years of the date of death. While this may seem like a long time, always act much sooner. Evidence such as security footage, witness memories, and physical traces at an accident scene may disappear quickly. The sooner we can begin an investigation, the stronger the case we can build.
• Comparative Negligence: Sometimes, the defense will argue that the deceased person was partially responsible for the accident. Pennsylvania follows a modified comparative negligence rule. This means that as long as the deceased person was 50% or less at fault, the family may still recover damages. The final award would simply be reduced by their percentage of fault. Our job is to ensure no unfair blame is placed on your loved one.

Where Fatal Accidents Occur in Philadelphia

While a tragedy may strike anywhere, Philadelphia’s dense urban environment, aging infrastructure, and major transportation routes create known high-risk zones for fatal accidents.

High-Risk Traffic Corridors

Certain roadways in our city are consistently linked to a high number of serious and fatal collisions. These include:

• Roosevelt Boulevard: Known for years as one of the most dangerous roads in the United States, its 12 lanes and complex intersections present significant risks for both drivers and pedestrians. Although safety measures like speed cameras have reduced crashes, it remains a major contributor to traffic fatalities.
• I-76 (Schuylkill Expressway) & I-95: The combination of high speeds, heavy congestion, and frequent lane changes on these major arteries frequently leads to catastrophic multi-vehicle accidents.
• Major Intersections: Busy intersections like Broad Street & Vine Street and corridors along Bustleton Avenue are frequent sites of severe accidents. Recent city data indicates that Broad Street has seen a troubling increase in traffic deaths.

Construction and Industrial Zones

Philadelphia’s continuous development and industrial activity also present unique dangers. The numerous construction projects in Center City may create hazards for workers and the public if safety protocols are not strictly followed. Likewise, the industrial areas around the Port of Philadelphia are sites of potential workplace accidents involving heavy machinery and commercial vehicles.

According to recent Vision Zero data, Philadelphia had 124 traffic fatalities in a recent year.

Dealing with the Insurance Company

Shortly after a loss, you will likely be contacted by an insurance adjuster representing the at-fault party. Remember that insurance companies are businesses. While the adjuster may seem friendly and sympathetic, their professional obligation is to protect their company’s financial interests, which involves minimizing claim payouts.

The Conflict of Interest

The insurance company’s goal is to resolve the claim for the lowest possible amount. They may use various approaches to achieve this. Some claims processes are filled with delays and extensive paperwork, which may frustrate grieving families and pressure them into accepting a lower offer as bills continue to mount.

Our role is to act as a buffer and advocate, ensuring the insurer is held accountable for the full value of the claim.

Here’s What to Look Out For:

• Quick Settlement Offers: An insurer might offer a settlement just days or weeks after the funeral. These initial offers are typically far below the actual value of the claim and are made in the hope that the family will accept it out of a desire for closure or due to immediate financial pressure.
• Requests for Recorded Statements: Adjusters will ask for a recorded statement about the accident and your loss. These conversations are designed to get you to say something, however innocent, that could be used later to devalue the claim or imply fault on the part of your loved one. You are not obligated to provide one.
• Disputing Medical Necessity: In some instances, an insurer may try to argue that some of the medical treatments the deceased received before their passing were not necessary, in an attempt to reduce the value of the economic damages.

What to Do After a Loss

In the days and weeks following a death, you are rightly focused on grieving and supporting your family. However, a few small administrative steps may help protect your family’s legal rights down the road.

• Locate the Will: If one exists, find your loved one’s will as soon as possible. This document will identify the executor or personal representative who has the initial authority to act on behalf of the estate.
• Obtain Death Certificates: You will need certified copies of the death certificate for many purposes, including for insurance claims, bank accounts, and legal filings. We advise ordering at least 10 copies.
• Gather Financial Documents: If possible, locate the deceased’s recent pay stubs, tax returns, and employment information. These documents are vital for proving the loss of future income.
• Preserve Evidence: If the death involved a car accident, do not have the vehicle repaired or scrapped. If a defective product was involved, do not throw it away. This physical evidence could be central to your case.
• Start a Journal: While it may be difficult, documenting the emotional and practical impact of the loss may be helpful. Write down how daily life has changed and describe the loss of companionship and guidance.
• Avoid Social Media: Refrain from posting about the accident, your loved one’s passing, or any potential legal action online. Insurance companies frequently monitor social media accounts for information they may use against a claim.

FAQ for Philadelphia Wrongful Death Claims

Are wrongful death settlements taxable in Pennsylvania?

Generally, compensation from a wrongful death claim meant to cover losses like lost companionship or funeral costs is not subject to PA inheritance tax or federal income tax. However, funds recovered through a survival action for things like the deceased’s pain and suffering go to the estate and may have different tax implications.

What if the deceased was retired or didn’t hold a job?

Your family may still file a claim and recover significant damages. The law recognizes that a person’s value is not limited to their paycheck. A claim may be made for the monetary value of their household services (like childcare, cooking, and home maintenance), as well as for the immense loss of their guidance, society, and companionship.

Can we file a claim if the at-fault party faces criminal charges (e.g., DUI)?

Yes. The civil wrongful death claim is completely separate from any criminal proceedings. The standard of proof is different, and you do not need to wait for the criminal case to conclude before pursuing your civil claim, although its outcome can sometimes influence the civil case.

How are the settlement funds divided among family members?

Funds from the wrongful death portion of a settlement are distributed to the beneficiaries according to Pennsylvania’s intestacy laws, which outline a formula for dividing property among a spouse, children, and parents. This happens even if the deceased had a will. Money from the survival action, however, passes through the estate and is distributed according to the terms of the will.

What if the person responsible for the death also died in the accident?

Your family may still pursue a claim. The lawsuit would be filed against the estate of the at-fault individual, and any recovery would typically be paid by their auto or homeowner’s insurance policy.

Don’t Face the Future Alone. Let Us Fight for You.

You should not have to spend this time decoding state statutes or arguing with insurance adjusters. Let us manage the legal process so you can focus on what matters most: holding your family together.

For over 40 years, Wapner Newman has stood by Philadelphia families during their most difficult moments. We work on a contingency basis, meaning there is no fee unless we win, and if you are unable to reach our office, our team will come to your home.

Justice for your loved one begins with a conversation. Call us today at (215) 569-0900 for a free, no-obligation consultation to learn how we can help.