Bensalem Wrongful Death Attorneys

Who Can File a Wrongful Death Claim?

Only certain individuals are eligible to bring a wrongful death lawsuit. The personal representative of the decedent’s estate (executor or administrator) has the exclusive right to file a wrongful death claim. If the decedent died intestate (without a will), then a personal representative may be appointed by the court. 

If the personal representative does not file a claim within six months, then eligible family members (typically the surviving spouse, children, or parents) can file a claim on behalf of all beneficiaries. We can explain how Pennsylvania’s wrongful death laws apply to your family’s situation and guide your steps with care during this challenging time.

What Types of Damages Are Recoverable in a Wrongful Death Case?

Damages in wrongful death cases are intended to compensate the surviving family members and the estate for economic and non-economic losses. Common forms of recoverable compensation include:

• Burial costs
• Funeral expenses 
• Lost income and benefits
• Estate administration expenses
• Loss of consortium of companionship
• Emotional distress and mental anguish
• Medical bills related to the fatal injury or illness
• Loss of services, such as childcare, transportation, or domestic labor

What Is the Statute of Limitations for Wrongful Death Claims?

In Pennsylvania, the statute of limitations for wrongful death claims is two years from the date of the fatality. Some exceptions may apply in limited circumstances. Our wrongful death attorneys can determine which deadline applies to your case and help you file a timely claim to protect your right to damages. 

How Is Fault Determined in Wrongful Death Cases?

Proving fault is a key step toward recovering compensation in a wrongful death lawsuit. The plaintiff bears the burden of proof in these cases, making it crucial to have a knowledgeable lawyer on your side.

We can help you demonstrate the following elements to demonstrate liability: 

1. Duty of care. The defendant owed the decedent a duty of care, such as maintaining safe working conditions or obeying traffic laws.
2. Breach of duty. The defendant breached their duty through negligence, such as running a red light or violating commercial regulations. 
3. Causation. The death would not have occurred if not for the defendant's negligent act. 
4. Damages. The surviving family members suffered actual harm or damages as a result of the breach. 

Can I File a Wrongful Death Lawsuit Against a Government Entity or Municipality?

It’s possible to file a wrongful death lawsuit against a government entity, but only in limited circumstances. Valid claims are subject to stricter rules and shortened filing deadlines, making it absolutely vital to secure qualified representation. Our attorneys have a deep understanding of governmental immunity laws to help you exercise your rights and determine the strongest path forward for your claim.

What Is the Difference Between Wrongful Death Claims & Survival Actions? 

Wrongful death and survival action lawsuits compensate for different losses that may go to different beneficiaries. While a wrongful death claim compensates surviving family members for losses caused by the death, a survival action allows the estate to recover damages the deceased could have claimed if they were alive, such as lost earnings before death and pain and suffering. 

Is There a Damage Cap in Wrongful Death Claims?

State law does not cap economic or non-economic damages in wrongful death claims. However, there is a cap on punitive damages, which are only recoverable in survival actions and only available in cases where the defendant’s conduct was especially egregious or reckless. 

Punitive damages are generally limited to twice the amount of compensatory damages. Additional caps may apply to lawsuits against the Commonwealth and local government agencies. We can evaluate whether your case meets the legal standard for punitive damages and work diligently to maximize your recovery.

Can My Family File a Wrongful Death Claim if the Decedent Was Partially Responsible? 

Yes. Pennsylvania uses a modified comparative negligence system, which allows plaintiffs to recover damages as long as their share of the fault is 50% or less. The final award will be reduced by the percentage of fault assigned to the deceased. 

Unfortunately, insurance companies often attempt to evade payouts by placing undue blame on victims. Our attorneys can vigorously protect your rights, challenge unfair allegations, and advocate for a settlement that reflects the true extent of your losses. 

Choose a Firm You Can Trust with Your Family’s Future

At van der Veen, Hartshorn & Levin, you are never just another case number. Our attorneys combine human-centered advocacy with genuine care to pursue the best possible outcomes for our clients. Our fearless trial lawyers leave no stone unturned in our pursuit of justice and never hesitate to stand up to powerful adversaries in court if necessary. We pride ourselves on our AV Preeminent® rating from Martindale-Hubbell® and selection to Best Law Firms® in 2025 and 2026 for Personal Injury Litigation, underscoring our proven results in complex cases. 

Seeking justice after a wrongful death can be intimidating. Don’t face this stressful time alone. Contact us online to discuss your case with our highly skilled injury lawyers. Se habla español.