King of Prussia Wrongful Death Attorneys

What Compensation Is Recoverable in a Wrongful Death Case?

Eligible family members may be entitled to various damages in a wrongful death case, such as:

• Mental anguish
• Burial and funeral costs
• Lost income and benefits
• Estate administration costs
• Loss of consortium or companionship
• Medical bills related to the fatal illness or injury
• Loss of services previously provided by the decedent

Who Can File a Wrongful Death Claim in Pennsylvania?

Settlements in wrongful death cases are limited to surviving spouses, children, and parents and do not extend to uncles, aunts, or other relatives. The personal representative of the estate has the exclusive right to file a wrongful death claim. The surviving family members can file a claim on behalf of all beneficiaries if the executor or administrator fails to file within six months of the death. 

What Is the Statute of Limitations for Wrongful Death Claims? 

In Pennsylvania, the statute of limitations for wrongful death claims is generally two years from the date of the accident. However, stricter rules and shortened filing deadlines apply in limited circumstances, such as claims against government entities. We can determine which statute applies to your case, assist with the required forms, and manage legal deadlines to keep your case on track. 

How Can I Prove a Wrongful Death?

Proving liability is a complex yet crucial step toward recovering compensation in a wrongful death lawsuit. We can help you establish the necessary elements to prove fault and present compelling evidence to support your case, such as police reports, medical records and autopsy reports, witness statements, expert testimony, maintenance and inspection logs, employment and financial records, and surveillance footage from traffic cameras or nearby businesses. 

Who Is Liable for a Wrongful Death?

Liability in wrongful death cases can extend to multiple parties. Some potential defendants include:

• Negligent motorists whose careless or reckless driving causes a fatal collision.
• Property owners, landlords, or business owners who fail to maintain safe premises and cause fatal slip-and-fall accidents.
• Employers who violate workplace safety rules or fail to provide proper training, equipment, or supervision may result in fatal workplace accidents.
• Doctors, nurses, or hospitals whose negligence or errors lead to a patient’s death, such as surgical mistakes or medication errors.
• Manufacturing companies that produce defective or unsafe products resulting in consumer deaths. 

The plaintiff bears the burden of proof in wrongful death claims, making it all the more imperative to have a skilled injury lawyer on your side. Our attorneys can identify potential defendants, present clear and convincing evidence of negligence, and fight for full accountability. 

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

Pennsylvania’s modified comparative negligence system allows plaintiffs to recover damages as long as the decedent’s fault is 50% or less. The final recovery will be reduced in proportion to the fault assigned. For example, if the decedent was 20% at fault for a claim totaling $500,000 in damages, you may only recover $400,000.

Unfortunately, insurance companies often blame victims in an effort to deny or minimize payouts. Our fearless advocates never hesitate to stand up to powerful adversaries in court if necessary to recover the full settlement you deserve. We can challenge undue fault allegations and push back against lowball offers to maximize your recovery. 

Can Siblings Recover Damages in a Wrongful Death Claim?

By law, siblings typically cannot recover damages in a wrongful death case if the decedent is survived by a spouse, children, or parent. However, siblings can receive compensation through a survival action if they are beneficiaries of the estate. We can help your family understand these distinctions, assess every path for potential recovery, and provide clear guidance throughout the legal process.

Let Us Put Our Decades of Experience to Work for You

When your family and finances are at stake, you need qualified representation from a law firm you can trust. At van der Veen, Hartshorn & Levin, our proven track record of success speaks for itself. We pride ourselves on our AV Preeminent® rating from Martindale-Hubbell® and our selection to Best Law Firms® in 2025 and 2026, highlighting our well-respected reputation among the local legal community. Our lead attorney is recognized by America’s Top 100 Attorneys® and the Nation's Top One Percent by the National Association of Distinguished Counsel (NADC).

Don’t let an insurance company dictate the value of your wrongful death claim. Call (215) 610-3440 to schedule a free consultation with our knowledgeable wrongful death lawyers. Se habla español.