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. 

Key points about who can file a wrongful death claim include:

• Personal representative’s role: The executor or court-appointed administrator is generally the first person authorized to bring the claim.
• Deadline for action: If the personal representative does not file within six months of the death, eligible beneficiaries may file on behalf of all.
• Eligible beneficiaries: Spouses, children, and parents are usually the family members who share in any recovery.
• Intestate situations: When there is no will, the court can appoint a personal representative to ensure the claim is properly pursued.

For many families, this process raises practical questions about where to begin and which court has authority over the estate. In the Allentown area, probate matters are generally handled through the Lehigh County Courthouse, and the paperwork to open an estate can feel daunting during a period of grief. A wrongful death lawyer Allentown families trust can walk you through each step, coordinate with the personal representative, and help ensure that all eligible beneficiaries are accounted for before a claim is filed.

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. 

Factors that can affect the timing of your claim include:

• Type of defendant: Government agencies and their employees are often subject to shorter notice and filing deadlines.
• Discovery of negligence: In some cases, families do not learn about negligent conduct until months after the death.
• Multiple at-fault parties: When several parties may share blame, coordination is needed to protect your rights against each one.
• Availability of evidence: Acting quickly helps preserve witness memories, video footage, and physical evidence from the scene.

Because time limits can be affected by issues such as delayed discovery of negligence or questions about which entity is responsible, speaking with a wrongful death attorney early allows us to investigate while evidence is still available. Witness memories, surveillance footage, and physical evidence from the crash scene or work site around Allentown can disappear quickly, so moving promptly gives your legal team a better chance to secure the documentation needed to support your claim.

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. 

Ways we address preexisting condition arguments include:

• Careful record review: Comparing medical records from before and after the incident to identify clear changes.
• Independent opinions: Consulting qualified medical professionals to explain how the event contributed to the death.
• Detailed timelines: Creating clear, chronological summaries that link the negligent act to your loved one’s decline.
• Challenging assumptions: Pushing back when insurers try to blame natural aging or unrelated health issues for the loss.

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.

Before deciding whether to accept an offer, consider:

• Total financial impact: Whether the offer accounts for lost income, benefits, and future needs.
• Non-economic losses: How the proposal values your family’s pain, grief, and loss of companionship.
• Liens and expenses: How medical bills, funeral costs, and other obligations will be paid from any recovery.
• Future uncertainties: Whether accepting now could leave you without recourse if additional losses emerge later.

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.

Examples of conduct that may support a punitive damages claim include:

• Extreme recklessness: Such as driving at very high speeds while intoxicated or ignoring clear safety warnings.
• Repeated violations: Ongoing safety violations by a company despite prior accidents or official citations.
• Intentional harm: Situations where the defendant acted with a conscious disregard for human life.
• Documented cover-ups: Attempts to hide or destroy evidence of dangerous practices after a fatal incident.

In practice, punitive damages may be considered in cases involving drunk driving, repeated safety violations, or intentional misconduct, but each situation requires a careful legal analysis. A wrongful death lawyer can review police reports, employer records, and any prior complaints to determine whether there is a viable basis to seek punitive damages in the courts serving Allentown and the surrounding communities.

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.

Important aspects of comparative negligence to keep in mind include:

• 51% bar rule: If the decedent’s share of fault is 51% or higher, the family generally cannot recover damages.
• Reduction of damages: Any award is reduced in proportion to the fault assigned to your loved one.
• Multiple responsible parties: Liability can be divided among several individuals, businesses, or entities.
• Disputes over fault: Insurers may try to shift more blame to the decedent to pay less, making careful investigation critical.

Questions about fault often arise in collisions on busy Allentown roads, construction site incidents, or pedestrian crashes, where multiple parties may share responsibility. A wrongful death lawyer can investigate whether others, such as employers, property owners, or additional drivers, also played a role, which can expand the sources of insurance coverage and reduce the percentage of fault attributed to your loved one.

Take the First Step Toward Justice in Allentown 

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. 

When you reach out to us after a fatal crash, medical event, or other tragedy, we take time to understand your story, your loved one’s life, and your goals for moving forward. A wrongful death attorney will explain your options in clear language, discuss what to expect in local courts, and connect you with community resources in Allentown that may help your family cope during this difficult time. Our role is to shoulder the legal burden so you can focus on honoring your loved one.

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.