Losing a loved one because of another person’s negligence is one of the most devastating experiences a family can face. Whether the death resulted from a car accident on Route 422, a truck accident on the Pennsylvania Turnpike, medical malpractice, a workplace incident, or unsafe property conditions, surviving family members may have the right to pursue compensation through a wrongful death claim under Pennsylvania law.
At Wilk Law Personal Injury & Car Accident Lawyers, our Montgomery County wrongful death lawyers help families seek justice and financial security after the loss of a spouse, parent, child, or other loved one. We understand that no amount of compensation can replace the person you lost, but a successful wrongful death claim can help ease the financial burdens associated with medical expenses, funeral costs, lost income, and the loss of companionship and support.
Wrongful death cases often involve complex legal and financial issues. Insurance companies and corporate defendants frequently begin investigating fatal accidents immediately and may attempt to limit their liability. Our legal team acts quickly to preserve evidence, obtain accident reports, interview witnesses, work with expert investigators, and build the strongest case possible on behalf of your family.
We represent families throughout Montgomery County, including Norristown, Pottstown, King of Prussia, Lansdale, Abington, and surrounding communities. Our attorneys have extensive experience handling wrongful death claims arising from motor vehicle accidents, commercial truck crashes, medical negligence, construction accidents, defective products, nursing home abuse, and other preventable tragedies.
Pennsylvania law imposes strict deadlines on wrongful death claims, making it important to seek legal guidance as soon as possible. Contact our Montgomery County wrongful death attorneys today for a free consultation to discuss your family’s legal options and learn how we can help you pursue the compensation and accountability you deserve.
A Montgomery County Wrongful Death Attorney Can Help
It takes a strong wrongful death claim to succeed against an insurance company, and building a strong wrongful death claim takes time, experience, and resources. Our experienced Montgomery County injury attorneys at Wilk Law Personal Injury & Car Accident Lawyers can make the difference in your claim’s success. We work tirelessly doing the following, and more, on your behalf:
- Handling all insurance company calls and correspondence;
- Thoroughly investigating the cause of your loved one’s death;
- Gathering all relevant evidence surrounding the death;
- Reviewing any medical records with experts;
- Obtaining needed expert witness testimony;
- Speaking with your family to determine the effect of the death on your life;
- Documenting all death-related expenses at present and in the future;
- Aggressively negotiating a full and fair settlement with the insurance company; or
- Proceeding with litigation and trial, if no settlement is forthcoming.
Contact Wilk Law Personal Injury & Car Accident Lawyers to discuss building your wrongful death claim. If cost is a concern, we work on a contingency fee basis, meaning we only collect fees when we recover compensation for you.
Is It a Wrongful Death Claim or a Survival Action?
A wrongful death is a death due to the negligent or wrongful act of a person or company. A wrongful death claim is a legal action family members of the deceased file for the losses they suffered and will suffer in the future because of their loved one’s death.
This is different from a survival action; however, the two are usually filed simultaneously.
A survival action is a lawsuit for expenses and losses suffered by the deceased due to the accident or injuries. These expenses and losses are from the time of the accident to the time of death.
A person with legal standing acts on behalf of the deceased to file a survival action.
Who Can File a Wrongful Death Claim or Survival Action in Montgomery County?
A member of the immediate family may file a wrongful death claim. Or, any named beneficiary from the will may file a wrongful death claim. This includes non-relatives and charitable organizations. However, only parents, children, or a spouse can receive compensation from a wrongful death claim.
The personal representative of the estate must file a survival action. If the personal representative does not file the survival action within six months, then any of the beneficiaries can file the action.
Compensation in a Montgomery County Wrongful Death Claim or Survival Action
Under Pennsylvania wrongful death law, surviving family members may seek compensation for the financial and personal support their loved one would have continued to provide had the fatal accident not occurred. Every case is unique, but damages may include both economic and non-economic losses suffered by the surviving spouse, children, and other eligible beneficiaries.
Compensation in a wrongful death claim may include:
- Funeral and burial expenses
- Medical expenses related to the deceased’s final injury or illness
- Lost income and future earnings the deceased would have provided
- Loss of health insurance, retirement benefits, and other financial support
- Loss of household services such as cooking, cleaning, maintenance, and childcare
- Loss of guidance, mentorship, and parental support
- Loss of companionship, comfort, and emotional support
- Loss of consortium and the marital relationship for a surviving spouse
Damages available through a Pennsylvania survival action may include:
- Medical expenses incurred as a result of the fatal injury
- Hospital, emergency treatment, and rehabilitation costs
- Lost wages and lost earning capacity from the date of injury until death
- Physical pain and suffering experienced before death
- Mental anguish and emotional distress resulting from the injury
- Loss of life’s pleasures and enjoyment during the period between injury and death
- Other economic losses suffered by the deceased before passing away
The value of a survival action often depends on the severity of the injuries, the length of time the individual survived following the accident, the medical treatment received, and the evidence demonstrating the pain, suffering, and financial losses experienced before death. Our Montgomery County wrongful death attorneys carefully evaluate both wrongful death and survival action claims to pursue the full compensation available under Pennsylvania law.
How Much Compensation is Available in a Montgomery County Wrongful Death Case?
There is no set amount of compensation available to loved ones who have lost someone due to the negligent actions of others. Rather, the total amounts of compensation awarded will vary depending on several factors. Some of these factors will include:
- The age of the deceased
- The education level and occupation of the deceased
- How long away a person was from retirement before their death
- The lifestyle experienced by the deceased and family before death occurred
- The total level of medical bills associated with the death
- Pain and suffering endured by all involved
- Whether or not there was any shared fault for the incident
A skilled attorney will work with trusted medical and economic experts who can help calculate total losses adequately.
How Long do You Have to File a Wrongful Death Claim in Montgomery County?
Every state sets a time limit for how long family members and estates of deceased individuals have to file wrongful death lawsuits. In Pennsylvania, the wrongful death statute of limitations is two years from the date of death (Pa. Stat. and Cons. Stat. § 5524 (2021).
Any claim filed past this two-year time frame will likely result in the court refusing to hear the case at all, which means the estate and surviving family members will not recover the compensation they are entitled to.
If you are considering filing a wrongful death claim in the Commonwealth, you need to consult with a skilled wrongful death and personal injury lawyer immediately.
These claims are complicated, and the lawyer can explain how this time frame can affect your case, as well as whether or not you are able to move forward with your claim at this time. Do not make any decisions before seeking legal advice.
How Wrongful Death Claims Arise in Montgomery County
Wrongful death claims can arise from many different types of accidents and incidents throughout Montgomery County, Pennsylvania. Under Pennsylvania law, a wrongful death claim may be brought when a person’s death is caused by the negligent, reckless, intentional, or otherwise wrongful conduct of another party. These claims allow surviving family members to seek compensation for the financial and personal losses resulting from the death of a loved one.
In Montgomery County, fatal accidents can occur on major roadways such as the Pennsylvania Turnpike, Route 422, Route 202, and other heavily traveled roads throughout communities like Norristown, King of Prussia, Lansdale, Pottstown, and Abington. However, wrongful death claims are not limited to motor vehicle accidents and may arise in many different situations.
Common causes of wrongful death claims include:
- Car accidents
- Commercial truck accidents
- Bus and public transportation accidents
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accidents
- Drunk driving crashes
- Distracted driving accidents
- Medical malpractice and healthcare negligence
- Nursing home abuse and neglect
- Premises liability accidents
- Slip and fall incidents
- Defective products and dangerous consumer goods
- Construction and workplace accidents
- Dog bites and animal attacks
- Intentional acts of violence
Fatal incidents involving assaults, shootings, stabbings, or other violent conduct may give surviving family members the right to pursue a wrongful death claim against the responsible party, even when criminal charges are involved.
It is important to understand that a wrongful death claim is a civil lawsuit, not a criminal proceeding. Criminal cases are brought by prosecutors on behalf of the Commonwealth of Pennsylvania and are intended to punish individuals who violate the law. Wrongful death claims, on the other hand, are filed by the personal representative of the deceased’s estate and seek financial compensation for surviving family members who have suffered losses due to the death.
Because civil and criminal cases are separate legal matters, a wrongful death claim can often proceed regardless of the outcome of a criminal case. A family may be able to recover compensation even if:
- Criminal charges are never filed
- Prosecutors decline to pursue a case
- Charges are reduced or dismissed
- The defendant is found not guilty in criminal court
This is because civil wrongful death claims have a lower burden of proof than criminal cases. While criminal prosecutors must prove guilt beyond a reasonable doubt, wrongful death plaintiffs generally must establish liability by a preponderance of the evidence.
Our Montgomery County wrongful death attorneys thoroughly investigate fatal accidents and incidents involving negligence, reckless conduct, and intentional acts of violence. We work to identify all responsible parties and pursue every available source of compensation to help families seek justice and financial security after the loss of a loved one.
The Elements of a Wrongful Death Claim in Montgomery County
To successfully recover compensation in a Pennsylvania wrongful death case, the personal representative of the deceased’s estate must establish several key legal elements. These elements help demonstrate that another party’s negligence, recklessness, or wrongful conduct directly caused the death and resulting losses suffered by surviving family members.
Duty of Care
The first step is proving that the defendant owed the deceased a legal duty of care. A duty of care exists in many situations and requires individuals and organizations to act reasonably to prevent harm to others.
For example:
- Drivers must operate their vehicles safely and obey traffic laws.
- Doctors, nurses, and healthcare providers must meet accepted medical standards when treating patients.
- Property owners must maintain reasonably safe premises for visitors.
- Employers must provide safe working conditions for employees.
The specific duty owed depends on the circumstances surrounding the fatal incident.
Breach of Duty
After establishing that a duty of care existed, it must be shown that the defendant breached that duty through negligent, reckless, or wrongful conduct.
Examples of a breach of duty may include:
- Distracted driving or texting while driving
- Driving under the influence of alcohol or drugs
- Speeding or reckless driving
- Medical errors and misdiagnosis
- Failure to repair dangerous property conditions
- Negligent security at businesses or apartment complexes
- Violations of workplace safety regulations
A breach occurs whenever a person or entity fails to act with the level of care that a reasonably prudent person would exercise under similar circumstances.
Causation
Proving negligence alone is not enough. The estate must also demonstrate that the defendant’s actions directly caused or substantially contributed to the injuries that resulted in the person’s death.
For example, if a distracted driver runs a red light and causes a fatal collision, evidence must show that the driver’s conduct directly led to the crash and resulting fatal injuries.
This element often requires accident investigations, expert testimony, medical records, and other evidence linking the negligent conduct to the fatal outcome.
Damages
Finally, it must be shown that surviving family members and the estate suffered measurable losses as a result of the death.
Damages in a Montgomery County wrongful death claim may include:
- Funeral and burial expenses
- Medical expenses incurred before death
- Lost income and future financial support
- Loss of household services
- Loss of companionship, guidance, and emotional support
- Pain and suffering recoverable through a survival action
- Estate administration expenses
Our Montgomery County wrongful death lawyers work closely with financial experts, medical professionals, and accident investigators to establish each element of a wrongful death claim and pursue the maximum compensation available under Pennsylvania law.
There is a variety of types of evidence that need to be kept by the estate and the survivors of the deceased after a death occurs. This includes evidence related to the cause of death if that type of evidence is available (photographs taken at the scene, video surveillance, statements from eyewitnesses, accident reports, etc.).
Family members and the personal representative of the estate must also keep track of any proof of financial losses. This can include pay stubs, tax returns, letters from employers, medical bills, proof of expenses caused by the death, and more.
Contact a Montgomery County Wrongful Death Lawyer Today
Losing a loved one because of another person’s negligence can leave families facing emotional, financial, and legal challenges. If you have questions about whether your family may qualify to file a wrongful death claim or survival action in Montgomery County, Pennsylvania, the attorneys at Wilk Law Personal Injury & Car Accident Lawyers are available to help.
Our legal team understands the complexities of Pennsylvania wrongful death law and can explain your rights, investigate the circumstances surrounding your loved one’s death, and help determine the best course of action for your family. We are committed to pursuing the maximum compensation available while providing compassionate guidance throughout the legal process.
By allowing Wilk Law Personal Injury & Car Accident Lawyers to handle your claim, you can focus on your family and healing while we manage communications with insurance companies, gather evidence, negotiate settlements, and prepare your case for trial if necessary.
There is no cost to speak with our legal team, and we handle wrongful death cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation on your behalf. Contact our Montgomery County wrongful death lawyers today at (855) 946-3678 to schedule a free consultation and learn how we can help your family pursue justice and financial security after a tragic loss.