Allentown Wrongful Death Attorneys

What Compensation Is Recoverable in a Wrongful Death Claim?

Common types of recoverable damages in wrongful death cases include:

• Medical expenses
• Emotional distress
• Funeral and burial costs
• Lost income and benefits
• Estate administration expenses
• Loss of consortium or companionship
• Loss of services, such as childcare or home maintenance

Who Is Eligible to File a Wrongful Death Claim? 

In Pennsylvania, only the personal representative of the estate (executor or administrator) has the exclusive right to file a wrongful death claim. If the representative does not file within six months, then eligible family members may file the wrongful death claim on behalf of all beneficiaries. This typically includes the surviving spouse, children, and parents of the deceased. If the decedent died without a will (“intestate”), then a personal representative may be appointed by the court. 

How Long Do I Have to File a Wrongful Death Claim in Pennsylvania?

The statute of limitations for wrongful death claims is usually two years from the date of the accident. However, claims against government entities are subject to a stricter six-month statute. We can determine which statute applies to your case and guide you through the claims process with care and precision. 

Can I File a Wrongful Death Claim if the Deceased Had Preexisting Conditions?

Pennsylvania’s “eggshell skull” rule means defendants can be held liable for the consequences of their negligent actions, even if the victim was more vulnerable. If a preexisting condition worsened or contributed to your loved one’s death, the responsible party cannot use that condition to avoid liability. 

Insurance companies often use preexisting conditions to argue that a death was unrelated to the accident. We counter these tactics by working with medical experts to trace the precise chain of events, reviewing treatment records, and presenting clear timelines that show how the accident accelerated or directly caused the death. 

Should I Accept a Settlement Offer From an Insurance Company in a Wrongful Death Case?

We highly recommend speaking with our attorneys before accepting any settlement offers. Insurance companies often aim to settle quickly for as little as possible. We can push back against lowball offers and advocate for a settlement that reflects the true worth of your claim.

Can Families Pursue Punitive Damages in a Wrongful Death Lawsuit?

It’s possible to recover punitive damages after a wrongful death, but only in a survival action lawsuit. While a wrongful death claim compensates surviving family members for their losses caused by the death, a survival action seeks compensation for the damages the deceased person could have recovered if they had lived, such as pain and suffering and lost earnings before death.

State law includes strict requirements for punitive damages. The defendant’s conduct must be especially egregious to qualify for recovery. State law also imposes a cap on punitive damages. We can evaluate whether your case meets the legal standard and gather evidence of willful or reckless conduct to pursue maximum compensation.

How Does Modified Comparative Negligence Affect Wrongful Death Cases?

Pennsylvania follows a modified comparative negligence rule, which allows plaintiffs to recover damages in injury lawsuits as long as their fault is less than 51%. If the decedent was partially responsible for the incident, the total reward will be reduced in proportion to the fault assigned to them. For example, if the decedent is 10% at fault for a claim totaling $800,000 in damages, you may only recover $720,000. 

Our attorneys are well-versed in these legal nuances to advocate for a settlement that reflects the true extent of your family’s losses. We are familiar with common insurer tactics and never hesitate to stand up to powerful companies in litigation if necessary. Our fearless trial lawyers can push back against lowball offers or unfair fault allegations to pursue the fair compensation you deserve.

Take the First Step Toward Justice 

The loss of a loved one can feel unfathomable, but there are steps you can take to pursue justice on their behalf. Our lawyers are dedicated to guiding your family’s steps with compassion while fighting for the accountability you deserve. Our firm was selected to Best Law Firms® in 2025 and 2026 for Personal Injury Litigation and has the highest possible rating from Martindale-Hubbell®, highlighting our strong peer recognition and trusted reputation in the legal community. 

Seeking justice after the loss of a loved one can be painful, but you don’t have to fight alone. Call (215) 610-3440 to schedule a free consultation with our award-winning injury lawyers. Se habla español.