Wrongful Death Attorney

Losing a loved one due to someone else’s negligence or reckless actions creates devastation that extends far beyond emotional grief. Families face mounting medical bills, funeral expenses, lost income, and the overwhelming burden of navigating complex legal proceedings during an already unbearable time.

Pennsylvania’s wrongful death laws provide a pathway for surviving family members to pursue justice and financial recovery when negligent or intentional acts cause a preventable death. The wrongful death attorneys at Rubin, Glickman, Steinberg & Gifford handle these sensitive cases with compassion while aggressively pursuing the compensation families deserve. With over 65 years of collective experience and recognition as a Best Law Firm by U.S. News & World Report since 2010, our legal team understands the profound impact wrongful death has on surviving family members and fights to hold responsible parties accountable.

Understanding Wrongful Death Claims in Pennsylvania

Wrongful death occurs when someone dies due to another party’s negligent, reckless, or intentional conduct. Pennsylvania law allows certain family members to file a wrongful death claim when their loved one’s death results from circumstances that would have entitled the deceased person to pursue a personal injury claim had they survived. The Pennsylvania Wrongful Death Act specifies who may bring these claims and what damages families may recover.

The deceased person’s personal representative must file the wrongful death action on behalf of eligible beneficiaries. These beneficiaries typically include spouses, children, and parents of the deceased. When no spouse, children, or parents survive, other family members have other forms of recourse outside of the wrongful death statute.  Wrongful death claims seek compensation for the losses the family suffers due to their loved one’s death, including funeral expenses, lost financial support, and loss of companionship.

Pennsylvania law also recognizes a related claim called a survival action. While a wrongful death claim compensates the family for their losses, a survival action compensates the deceased person’s estate for losses the deceased suffered between the time of injury and death. This may include medical expenses, pain and suffering, and lost wages during that period. 

Common Causes of Wrongful Death

Wrongful deaths arise from numerous circumstances where negligence or misconduct proves fatal. Understanding the various situations that may give rise to wrongful death claims helps families recognize when they have grounds to pursue legal action and hold responsible parties accountable for their losses.

Motor Vehicle Accidents

Motor vehicle accidents represent one of the leading causes of wrongful death claims. Car accidents, truck collisions, motorcycle crashes, and pedestrian accidents caused by distracted driving, speeding, drunk driving, or failure to obey traffic laws frequently result in fatal injuries. These cases often involve investigating driver behavior, vehicle maintenance records, and road conditions to establish liability.

Medical Malpractice

Medical malpractice constitutes another common basis for wrongful death claims when healthcare providers fail to meet the standard of care expected in their profession. Surgical errors, misdiagnosis, delayed diagnosis, medication errors, anesthesia mistakes, and birth injuries may lead to preventable deaths. Medical negligence cases require thorough investigation and often depend on testimony from medical professionals who can establish how the provider’s conduct fell below accepted standards.

Premises Liability

Premises liability incidents lead to wrongful death claims when property owners fail to maintain safe conditions for visitors and guests. Fatal slip and fall accidents, inadequate security leading to violent crimes, swimming pool drownings, carbon monoxide poisoning, and fires caused by code violations or defective equipment may establish liability for wrongful death.

Workplace Accidents and Defective Products

Workplace accidents, particularly in construction, manufacturing, and other high-risk industries, cause fatal injuries when employers fail to provide adequate safety measures. Defective machinery, falls from heights, electrocution, and exposure to toxic substances may support wrongful death claims when safety violations or negligence contribute to a worker’s death.

Defective products kill consumers when manufacturers, distributors, or retailers place dangerous items in the marketplace. Product liability claims may proceed under theories of manufacturing defects, design defects, or failure to warn about known dangers.

Nursing Home Abuse and Neglect

Nursing home abuse and neglect tragically leads to preventable deaths among vulnerable elderly residents when facilities prioritize profits over patient care. Understaffing, inadequate training, and deliberate neglect may result in fatal injuries from falls, medication errors, malnutrition, dehydration, untreated infections, and bedsores.

Damages Available in Wrongful Death Cases

Pennsylvania wrongful death claims allow families to recover several categories of damages. Economic damages compensate for quantifiable financial losses including funeral and burial expenses, medical bills incurred between the injury and death, loss of the deceased’s expected earnings and benefits, and loss of household services the deceased would have provided. These damages aim to restore families to the financial position they would have occupied had the wrongful death not occurred.

Non-economic damages address losses that cannot be easily quantified in monetary terms. Families may recover compensation for loss of companionship, guidance, and consortium. The loss of parental guidance for minor children, loss of spousal companionship and support, and the emotional trauma of losing a loved one all factor into these damages. Pennsylvania does not cap non-economic damages in wrongful death cases, allowing juries to award appropriate compensation based on the circumstances of each case.

In cases involving particularly egregious conduct, Pennsylvania courts may award punitive damages. These damages serve to punish the defendant for their actions and deter similar conduct in the future. 

The Wrongful Death Litigation Process

Wrongful death litigation begins with a thorough investigation of the circumstances surrounding the death. We gather police reports, medical records, autopsy reports, witness statements, and any other evidence relevant to establishing liability. In complex cases involving medical malpractice or defective products, we consult with appropriate professionals who can provide analysis of technical issues and testify regarding the defendant’s negligence.

Pennsylvania law imposes a two-year statute of limitations on wrongful death claims. This means the personal representative must file the lawsuit within two years of the date of death. Failing to file within this timeframe generally results in losing the right to pursue the claim. After filing the lawsuit, the discovery process allows both sides to exchange information and evidence through depositions, expert witness disclosures, document requests, and interrogatories. Many wrongful death cases settle before trial through negotiation, though we prepare every case as though it will go to trial to ensure families receive maximum compensation.

Contact Rubin, Glickman, Steinberg & Gifford for Your Wrongful Death Claim

When you face the unthinkable loss of a loved one due to another’s negligence, choosing the right legal representation becomes critical to achieving justice and fair compensation. Our firm has earned prestigious recognition throughout Pennsylvania’s legal community. Marc Robert Steinberg was named a Top 100 Lawyer in Philadelphia and Pennsylvania by Pennsylvania Super Lawyer, and our attorneys have maintained Pennsylvania Super Lawyer status for multiple years. We hold an AV rating from Martindale-Hubbell, the highest recognition for legal ability and ethical standards.  Matt Wilkov, who holds both the AV Rating and is a Pennsylvania Super Lawyer, handles the majority of our firm’s wrongful death matters.

Our commitment to our clients extends beyond courtroom advocacy. We maintain regular communication throughout the legal process, respond promptly to questions and concerns, and treat each family with the compassion they deserve during this difficult time. In personal injury and wrongful death cases, we work on a contingency fee basis, which means families pay no upfront costs and no fees unless we recover compensation. Contact us today to schedule a free consultation and learn how we can assist with your wrongful death claim.