Losing someone you love because of another person’s negligence is a pain no family should have to carry, and a Philadelphia wrongful death lawyer at Wapner Newman is here to help you seek justice and stability for the days ahead. A wrongful death claim cannot undo your loss, but it can hold the responsible party accountable and secure the resources your family needs to move forward.
We have stood beside grieving families across Pennsylvania and New Jersey since 1978, and we handle these cases with patience and genuine care.
There is no right way to grieve and no obligation to have every answer today. When you are ready, call us at 800-529-6600 for a free and private consultation, and we will listen.
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What Is a Wrongful Death Claim in Pennsylvania?
A wrongful death claim is a legal action that lets a family recover damages when a loved one dies because of someone else’s negligence or wrongful act. Pennsylvania’s Wrongful Death Act allows certain family members to pursue compensation for the losses they suffer when a death could have been prevented. The claim exists because a death caused by carelessness harms not only the person who died but the family left behind.
To succeed, a wrongful death case must show that another party owed a duty of care, breached it, and caused the death as a result. These are the same elements as a personal injury case, brought on behalf of those who depended on the person who died.
We understand that no legal claim can measure what your family has lost. Our aim is to carry the legal weight so you can focus on one another.
Wrongful Death and Survival Actions Explained
Pennsylvania law allows two related claims after a preventable death, and families are often surprised to learn they are separate. A wrongful death claim compensates the surviving family for their losses, such as lost financial support and lost companionship. A survival action is different, because it stands in for the claim the person could have brought had they lived.
The distinction matters for what can be recovered:
- A wrongful death claim covers the family’s losses, including funeral costs and the loss of the support and guidance the person provided.
- A survival action covers the losses of the person who died, such as the pain they endured and the earnings they would have made.
The two claims are usually filed together, though the money is distributed in different ways. We handle both as one coordinated effort so that nothing your family is owed is left behind.
Who Can File a Wrongful Death Claim?
In Pennsylvania, a wrongful death claim is brought by the personal representative of the person’s estate, for the benefit of close family members. The law directs any recovery to the spouse, children, or parents of the person who died, in the shares set by state law. If no representative has been named within a set period, a family member may be able to bring the claim.
Because these rules can be confusing during a period of grief, we help families sort out who has the right to file and make sure the claim is brought correctly. Getting this step right early prevents painful complications later.
If you are unsure whether you are the right person to bring a claim, we can walk you through it with no pressure and no cost.
Common Causes of Wrongful Death Claims
Wrongful death claims arise whenever preventable negligence takes a life, and the causes span nearly every kind of serious accident. What these situations share is that another party’s carelessness, rather than fate, is what led to the loss. Identifying that party is the first step toward accountability.
The causes we see most often include:
- Car and truck crashes, including the vehicle accidents that claim lives on the Schuylkill Expressway, I-95, and Roosevelt Boulevard.
- Medical negligence, such as a fatal misdiagnosis or surgical error, which we address through our medical malpractice practice.
- Construction and workplace incidents caused by a negligent third party, from the kinds of hazards behind many construction accidents.
- Dangerous property conditions, including falls, fires, and drownings.
- Nursing home neglect and abuse that leads to a resident’s death.
This list is not complete, and every family’s situation is different. If you believe negligence played a role in your loved one’s death, we can help you find out what happened.
Why Choose Wapner Newman for Your Wrongful Death Case?
Families turn to us because these cases call for both legal strength and real human compassion, and we hold ourselves to both. Wapner Newman has represented grieving families and injured people for more than 45 years, and in that time we have recovered more than $1 billion for our clients. Prior results do not predict or promise the outcome of any future case, but they reflect a firm that stands up to insurers and corporations and sees a case through.
What your family can expect from us:
- We come to you. If grief or distance makes it hard to reach our office, we will meet you at your home anywhere in our service area, arrange transportation, or meet by video.
- A full firm behind your case, with attorneys and staff who share the work so nothing is missed.
- Honest, patient guidance, so you always understand your options without feeling rushed.
Our approach to every family is the same idea that guides all our work: serious injuries, serious results. When you are ready to talk, call 800-529-6600.
Compensation in a Wrongful Death Case
Compensation in a wrongful death case is meant to steady your family’s future and hold the responsible party accountable, not to place a value on a life that cannot be replaced. Pennsylvania law recognizes both the financial and the deeply personal losses a family suffers, and a claim can address each of them. The goal is to secure the resources your family needs for the road ahead.
Recoverable losses often include:
- Funeral, burial, and final medical expenses.
- The income, benefits, and services the person would have provided to the family.
- The loss of the love, comfort, guidance, and companionship the person gave.
- Through a survival action, the pain the person endured and the earnings they would have made over a lifetime.
We account for every one of these losses and press for a recovery that reflects the true depth of what your family has been through. This work is about justice and support, and we treat it that way.
Time Limits for Filing a Wrongful Death Claim
In Pennsylvania, a wrongful death claim generally must be filed within two years, under the state’s statute of limitations. The period usually runs from the date of death, though certain circumstances can affect the timing. Once the deadline passes, the court can bar the claim no matter how clear the negligence was.
We know that legal deadlines are the last thing on a grieving family’s mind, and we would never rush you through your grief. Reaching out early simply protects your family’s rights and the evidence a claim depends on. Call 800-529-6600 whenever you feel ready, and we will handle the rest.
FAQs Answered by Our Philadelphia Wrongful Death Lawyers
Below are answers to questions families often ask after losing a loved one to negligence.
Philadelphia Wrongful Death Lawyers Get $227 Million Settlement in Market Street Building Collapse Case
The Philadelphia wrongful death lawyers at Wapner Newman were able to help conclude a long civil trial stemming from the 2013 building collapse on Market Street, with a $227 million settlement believed to be the largest personal injury settlement in Pennsylvania history. The jury returned a unanimous verdict and decided the Salvation Army was 75 percent responsible for the building collapse that led to the death of seven people and the injuries of 12 other victims.
A team of lawyers from four law firms represented survivors of the deceased victims and victims injured in the collapse. Wapner Newman represented the families of two victims, the family of Mary Simpson and the family of Roseline Conteh.
The jury agreed with the argument the wrongful death attorneys presented that the two individuals who were criminally prosecuted were held only one percent responsible for the collapse, and the Salvation Army was primarily responsible for the loss of life and trauma of all victims.
This civil trial settlement not only provides relief to the victims, it also sends a strong message to businesses that safety should always be a top priority.
Is a wrongful death claim the same as a criminal case?
No, they are separate. A criminal case is brought by the government to punish wrongdoing, while a wrongful death claim is a civil action your family brings to recover compensation. A person can face both, and the outcome of one does not decide the other.
Do we have to go to court?
Not necessarily. Many wrongful death cases resolve through a settlement without a trial, though we prepare every case as if it will be decided by a jury. That preparation often encourages a fair settlement, and if one never comes, we are ready to go to court for your family.
What if my loved one was partly at fault?
Your family may still recover. Pennsylvania reduces a recovery by the share of fault assigned to the person who died rather than erasing it, as long as that share was not more than 50%. Insurers often overstate this, which is one reason having representation matters.
How much does it cost to hire your firm?
Your consultation is free, and we handle wrongful death cases on a contingency basis. Our attorney fee comes only as a percentage of what we recover, so there is nothing to pay up front. If we do not recover for your family, you owe us no attorney fee.
How long does a wrongful death case take?
It depends on the complexity of the case, the number of parties, and whether it settles or goes to trial. Some cases resolve in months, while others take longer, especially when the facts are contested. We keep your family informed at every step and never leave you wondering where things stand.
Talk With a Philadelphia Wrongful Death Lawyer Today
Nothing can restore what your family has lost, but you do not have to seek accountability alone. At Wapner Newman, we will investigate what happened, deal with the insurers and their lawyers, and pursue the justice and resources your family needs, all with the compassion this moment deserves. Your consultation is free and private, and you owe no attorney fee unless we recover for you.
Call Wapner Newman at 800-529-6600, or reach out through our contact page whenever you are ready. We are here to help your family find a way forward.