Norristown Wrongful Death Attorneys

Who Has the Right to Bring a Wrongful Death Claim in Pennsylvania?

Generally, the personal representative of the deceased individual’s estate must file the wrongful death claim. It is their responsibility to file a lawsuit on behalf of the deceased’s eligible beneficiaries to recover damages for their losses. 

The personal representative is usually named in the deceased’s will. If there is no valid will, or if the named personal representative is unavailable or unwilling to take on the role, the court will appoint one. 

The law does provide a safety net for families if the personal representative fails to act. If the personal representative does not file a wrongful death lawsuit within six months of the individual's passing, individuals entitled to recover damages may file the claim instead. Under Pennsylvania law, the surviving spouse, children (including adult children), and parents are eligible to recover compensation in wrongful death cases.

If the deceased leaves no surviving spouse, children, or parents, the personal representative may still file a claim to recover specific expenses for the estate, such as medical bills and funeral costs, but they cannot recover damages for pain and suffering or loss of companionship.

Our attorneys can help you navigate these complex procedural requirements. We can identify the personal representative, prepare the necessary filings, and aggressively pursue the full compensation your family deserves.

Time Limits for Filing a Wrongful Death Claim in Pennsylvania

Pennsylvania law typically enforces a strict two-year statute of limitations for wrongful death claims. The personal representative of the estate must generally file the lawsuit within this window, which starts from the date of your loved one's passing. While the law allows eligible family members to file directly after six months if the representative has not acted, the final two-year deadline still applies. If you miss this cutoff, the courts will likely dismiss the case, and your family will lose the right to seek justice.

Taking immediate action helps protect your claim. Keep in mind that evidence often disappears rapidly after an accident: Physical conditions change, surveillance footage may be overwritten, and witness memories fade. 

We strongly urge you to contact our team at van der Veen, Hartshorn & Levin as soon as possible. We can assist the personal representative in gathering facts and meeting all filing requirements well before the statute of limitations expires. 

Compensation Available in Wrongful Death Cases

We recognize that no amount of money can make up for the loss of your loved one. Still, your family should not bear the financial burden that comes with an unexpected loss. 

Our wrongful death lawyers aim to maximize your family’s recovery and can seek compensation for all of your damages, which may include:

• Funeral and burial costs
• Your deceased loved one’s final medical expenses
• Loss of the deceased’s  future income and benefits
• Loss of consortium, companionship, and parental guidance
• Your family’s pain and suffering
• Punitive damages if the loss was the result of extreme recklessness or malice

We may also be able to file a separate survival action to seek compensation for what your loved one experienced while they were still alive, including their pain and suffering. Our team can determine the true value of your case and seek every dollar you are entitled to under the law. 

No family should have to face the legal system alone after a tragedy. Call (215) 610-3440 or contact us online to schedule a free case evaluation today.