Advocating for Families Who Have Lost a Loved One

The preventable death of a loved one because of another person’s negligent or willful actions is one of the most painful experiences you can have. The families left behind are often trying to navigate financial issues and the loss of income while also dealing with the grief of an unexpected death. A wrongful death lawsuit can help those families hold the responsible party accountable and seek compensation for their losses.

Wrongful death claims can arise from a variety of different situations, from car accidents to medical malpractice. While you can’t bring your loved one back or truly make up for your loss, a wrongful death claim can help you get some degree of closure and some financial support to make this time just a little bit easier.

If you’ve lost someone you love and you believe that another person’s negligence is to blame, contact Full Court Justice at(215) 770-0282. We’ll help you schedule a free initial case consultation with one of our experienced wrongful death attorneys to determine your next steps.

What Is a Wrongful Death Case?

A wrongful death claim is a civil action that certain surviving family members can bring against the at-fault party to recover losses after a loved one is killed. Wrongful death claims often arise from negligent actions that result in a death, such as a car accident, but it’s also possible for a wrongful act to include a violent crime. You can pursue a Philadelphia wrongful death lawsuit in this case even if the defendant wasn’t charged or wasn’t found guilty in a criminal case. The criminal and civil court systems have different burdens of proof, and a defendant can win a criminal case but lose a civil one.

Wrongful death lawsuits are commonly confused with survival actions, but these are two separate things. A wrongful death lawsuit is brought about by the deceased’s direct surviving family members, while a survival action is brought by the deceased’s estate. A wrongful death claim is focused on the survivor’s losses, while a survival action is about what the deceased experienced leading up to their death. For example, a survival action may seek compensation for medical expenses incurred before the person died and any pain and suffering they experienced.

Meeting with an attorney can help you determine if your situation meets the criteria for either of these types of claims and identify next steps.

Common Causes of Wrongful Death

A Philadelphia wrongful death lawsuit can arise from a wide range of situations. While we’ve covered some of the most common below, this is not an exhaustive list. Talking with an attorney is the best way to determine if your situation could qualify for a wrongful death claim.

Motor Vehicle Accidents

While Philadelphia does have the SEPTA public transport system, the majority of residents get around by using their personal vehicles. Most people get into their car every day, driving to and from work or to the store, and don’t think much about it. But accidents happen all the time. In 2024, there were more than 100,000 auto accidents across the state of Pennsylvania, many of which occurred right here in Philadelphia. Every year, thousands of people are injured in these crashes, and unfortunately, many of them result in fatalities. When a fatal auto accident is caused by a driver’s negligence or recklessness, a wrongful death claim may apply.

Construction Accidents

Construction sites are full of hazards, both for those who work in these places as part of their jobs and for innocent bystanders who may be in the nearby area. If a worker is killed on a construction site due to a preventable accident, the family may have grounds to sue for wrongful death. These situations often result from the employer, other employees, or subcontractors cutting corners and failing to abide by OSHA safety regulations.

These accidents can involve a variety of factors, and it’s vital to have experienced legal representation to help you determine if you have a claim. Defendants in these cases often involve large companies backed by aggressive insurance companies and in-house counsel who may pressure you to settle for less than you deserve or try to shift the blame to avoid having to pay.

Medical Malpractice

Deaths resulting from medical malpractice can be some of the most difficult for the surviving family members. Often, these cases involve victims who were seeking help for an existing issue or situations where a doctor or other health care provider missed a serious diagnosis that could have prevented the death with proper medical treatment. These errors can happen in any medical environment, but wrongful death cases often involve hospitals where emergency care is provided and surgical centers.

Some situations of medical malpractice that can lead to a wrongful death claim include medication errors, delayed or missed diagnosis, and surgical mistakes. It’s not uncommon for these cases to be missed, as they may be classified as complications. Any time you’ve lost a loved one after a medical procedure, it’s a good idea to talk to an attorney to find out if you may have a claim.

How Do You File a Wrongful Death Claim Seeking Fair Financial Compensation?

A wrongful death lawsuit can help you get compensation for your losses and justice for your loved one, but many people feel overwhelmed by the process or aren’t sure where to begin. The first step anytime you are considering legal action is to talk to an attorney. They can discuss your case with you and get a better idea of what happened and why you believe that your loved one’s death may have been preventable. If they determine that you have enough to move forward with a lawsuit, they will walk you through your options and ensure you understand the process.

Filing the Initial Claim

You must verify that you have a legitimate wrongful death claim before moving forward. Part of this is ensuring that you qualify as someone who can bring a wrongful death lawsuit against the other person. In most cases, a person entitled to recover damages in this situation is either a spouse, child, or parent of the victim. Once you have determined that you have a right to make the claim, an attorney can file the paperwork against the defendant and have it served. In general, you have two years from the date of death to move forward with a wrongful death lawsuit, but there may be some exceptions, so always check with an attorney to ensure you’re aware of the timeline.

Before the Trial

Once you file the lawsuit and the defendant has a chance to respond, the case will be set for its first court date. However, many things often take place before you set foot in court. Your legal team will start gathering, analyzing, and organizing evidence to build your claim. They may also identify witnesses and experts who can testify in support.

While all of this is happening, the other party may attempt to settle the case out of court. This is especially common in medical malpractice cases where hospitals and other medical facilities may prefer to settle quickly rather than risk negative press if the case goes to trial. While it’s important to consider any settlement offer provided, this should be done with the assistance and guidance of an attorney. The initial offer is often a low one, and your attorney can negotiate on your behalf to see if a fair settlement can be reached to avoid litigation.

Taking Your Case to Court

If settlement negotiations aren’t successful, the case will proceed to trial. During this process, your attorney will present your case to the court, introduce evidence, and call witnesses to stand on your behalf. They will also cross-examine any witnesses for the defense. Trials can take time, and it’s common for there to be several hearings about evidence and other procedural issues before the trial gets started. Working with a law firm you can trust to look out for your interests and advocate for you is critical.

What Wrongful Death Damages Can Surviving Family Members Recover in Pennsylvania?

Understanding the full scope of wrongful death damages available under Pennsylvania law is essential to ensuring your family receives fair compensation that reflects the true impact of your loved one’s death. A Philadelphia wrongful death attorney will calculate every category of loss to make sure nothing is overlooked when pursuing your claim.

Economic damages account for the measurable financial losses your family has suffered and will continue to face:

• Lost wages and future income that the deceased person would have earned over their remaining working years, including expected raises, promotions, and benefits

• Medical expenses incurred between the fatal injury and the person’s death, including emergency care, hospitalization, surgeries, and any medical treatment received

• Funeral expenses and burial costs associated with laying your loved one to rest

• Loss of financial support including household contributions, health insurance coverage, retirement benefits, and other monetary compensation the deceased provided to the family

Non-economic damages address the intangible losses that are harder to quantify but equally devastating:

• Loss of companionship, love, and guidance for a surviving spouse, children, and other family members

• Loss of parental guidance and nurturing for minor children who have lost a mother or father

• Mental anguish and emotional suffering experienced by surviving family members as a direct result of their loved one’s wrongful death

Punitive damages may be available in wrongful death cases involving gross negligence or particularly reckless conduct by the at-fault party. While less common, punitive damages serve to punish the responsible parties and deter similar behavior.

A Philadelphia wrongful death lawyer at Full Court Justice will fight to recover every dollar your family is entitled to under Pennsylvania law.

Who Has Legal Standing to File a Wrongful Death Lawsuit in Pennsylvania?

One of the first questions families face after a loved one’s death is who has the legal right to bring a wrongful death claim. Pennsylvania law is specific about who can file these cases and who qualifies to recover damages, and understanding these rules early in the legal process helps avoid delays that could jeopardize your claim.

Who can file the lawsuit:

• Under Pennsylvania law, a wrongful death action must be filed by the personal representative of the deceased person’s estate. The personal representative files the lawsuit on behalf of all eligible surviving family members.

• If the deceased had a will, the personal representative is typically the executor named in that document. If there was no will, the court appoints an administrator to serve in this role.

• A Philadelphia wrongful death attorney can help you petition the court to be appointed as personal representative if one has not yet been designated.

Who can recover damages:

• A surviving spouse of the deceased person

• Surviving children of the deceased, including adopted children

• Parents of the deceased if there is no surviving spouse or children

Important distinctions to understand:

• Wrongful death claims and survival actions are filed separately but often pursued together. The wrongful death suit compensates surviving family members for their losses, while the survival action compensates the decedent’s estate for what the deceased experienced before death.

• Siblings, grandparents, and other extended family members generally do not have legal standing to file a Pennsylvania wrongful death claim unless they can demonstrate financial dependence on the deceased.

If you’re unsure whether you qualify to pursue a wrongful death lawsuit, contact Full Court Justice at (215) 770-0282 to schedule a free consultation with an experienced wrongful death attorney who can evaluate your legal standing and advise you on next steps.

How a Philadelphia Wrongful Death Attorney Investigates and Builds Your Case

Wrongful death cases are among the most complex civil lawsuits a law firm can handle. Proving that someone else’s negligence directly caused your loved one’s death requires meticulous investigation, compelling evidence, and a legal strategy built to withstand aggressive defense tactics. Here’s how a Philadelphia wrongful death lawyer approaches the process of building a case on your family’s behalf.

Preserving critical evidence early:

• Acting immediately to secure surveillance footage, workplace safety records, police reports, and any physical evidence from the scene before it’s altered or destroyed

• Sending preservation letters to responsible parties, insurance companies, and employers to prevent the destruction of relevant documents

• Obtaining medical records, autopsy reports, and toxicology results that establish the connection between the negligent act and your loved one’s death

Identifying all responsible parties:

• Investigating whether multiple parties share liability, such as in workplace accidents where contractors, property owners, and equipment manufacturers may all bear responsibility

• Examining corporate records, maintenance logs, training documentation, and compliance histories to uncover patterns of negligence

• Determining whether negligent security, defective products, or regulatory violations contributed to the fatal accident

Working with expert witnesses:

• Consulting medical professionals who can testify about whether proper treatment could have prevented the person’s death in medical malpractice cases

• Engaging accident reconstruction specialists to establish how a fatal car crash or workplace incident occurred

• Retaining economists and vocational experts who can calculate the lifetime financial support your family has lost

Calculating the full value of your claim:

• Compiling all medical expenses incurred before the death, funeral expenses, lost wages, and projected future income

• Documenting non-economic losses, including loss of companionship, parental guidance, and emotional suffering experienced by surviving family members

• Evaluating whether punitive damages may apply based on gross negligence or reckless conduct by the at-fault party

At Full Court Justice, our experienced wrongful death attorneys handle every stage of this process so your family can focus on healing while we fight to hold the responsible party accountable.

Seek Help From a Philadelphia Wrongful Death Attorney

When a death is unexpected, it’s normal to feel overwhelmed and not know what to do next, especially when most wrongful death claims are complex. Working with an experienced wrongful death attorney can make a meaningful difference in the outcome of your case and provide you with a compassionate, knowledgeable guide throughout this process.

If you have questions about wrongful death cases in Pennsylvania or want someone to review your situation, contact Full Court Justice at (215) 770-0282 to schedule a free initial case consultation.