Upper Darby Wrongful Death Attorneys

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

Under state law, the personal representative of the deceased person’s estate initially holds the authority to file a wrongful death lawsuit. If your loved one had a will, they likely named a personal representative to oversee their estate. If they did not have a valid will, or if their chosen individual is unable or unwilling to take on the role, a court will appoint a personal representative. This representative has the legal responsibility to protect the interests of the deceased’s eligible beneficiaries.

However, if the personal representative does not file a claim within six months of the deceased’s death (no matter the reason), the law allows specific family members to take action directly. In these situations, the surviving spouse, parents, or children (including adult children) may file the lawsuit themselves. This provision is meant to prevent administrative delays (such as disputes over the validity of the will) from blocking a family's path to justice. Regardless of who specifically files, however, the goal of the wrongful death lawsuit is to recover damages for the surviving spouse, parents, and/or children.

Our team at van der Veen, Hartshorn & Levin is prepared to work with either the personal representative of your loved one’s estate or an eligible surviving family member to pursue a wrongful death claim. We can also help clarify standing if you aren’t sure who has the right to start the legal process.

What Is the Deadline for Filing a Wrongful Death Claim in Pennsylvania?

Pennsylvania enforces a strict two-year statute of limitations for wrongful death claims, beginning on the date of the victim’s passing. This two-year window operates alongside specific rules that dictate exactly when certain parties may file. Again, the personal representative of the deceased’s estate holds the exclusive right to file a lawsuit during the first six months. Consequently, eligible family members must wait for this period to expire before they can bring a claim on their own, which effectively shortens the time they have to act independently if the representative fails to proceed.

The sooner you seek legal guidance, the better. By reaching out to our team promptly, our attorneys and investigators can work to secure key evidence before it deteriorates or vanishes and interview witnesses before their memories fade. We can manage the intricacies of preparing your claim and make sure you do not miss a critical filing deadline.

What Damages Are Available in a Wrongful Death Case?

We fully understand that no financial recovery can ever truly compensate for the avoidable death of your loved one. However, we also recognize that this kind of sudden loss creates an immediate threat to a family's stability, especially if they were the primary income earner. 

Our lawyers can work diligently to secure your family's financial future by calculating the full extent of the economic impact, including lost future wages and benefits, alongside reimbursement for funeral costs, burial expenses, and your loved one’s final medical bills. We can also seek non-economic damages to account for the significant loss of companionship and guidance that your loved one provided, as well as your family’s pain and suffering.

Beyond your family’s losses, we may be able to pursue a separate claim known as a survival action. This allows us to recover damages that your loved one suffered between the moment of injury and the time of death.

Our wrongful death attorneys can leverage our experience and resources to fight to honor your loved one’s memory. Call (215) 610-3440 or contact us online to schedule a free case evaluation now.