When someone’s carelessness or recklessness in Philadelphia, Pennsylvania takes the life of your loved one, you face an overwhelming mix of grief, anger, and uncertainty about what comes next.
Our skilled wrongful death attorneys in Philadelphia understand that no legal action can bring back the person you lost. What we can do is stand beside you through this difficult time, handling the complex legal work while you focus on your family and healing.
Pennsylvania law recognizes that families who lose someone to negligence deserve both answers and financial security.
At Wilk Law Personal Injury & Car Accident Lawyers, we pursue wrongful death claims with the same dedication and attention we would want for our own families, gathering evidence quickly before it’s lost, dealing directly with insurance companies so you don’t have to, and fighting for every dollar of compensation available under the law.
If you lost someone because another person or company failed in their responsibility, our Philadelphia wrongful death lawyers ready to help you seek the justice and financial security your family needs. Contact our legal team today for a free consultation.
Why Choose Wilk Law for Your Philadelphia Wrongful Death Case?
Losing a loved one due to someone else’s negligence is one of the most painful experiences a family can go through. At Wilk Law, we handle only personal injury and wrongful death cases, which means every resource we have is focused on getting your family the justice and compensation you deserve.
When you work with us, you work directly with attorney Tyler Wilk, not a case manager or a rotating team of associates. We treat every case with the same urgency and personal attention we would want for our own families.
- No upfront costs: We handle every wrongful death case on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
- Immediate action: We send preservation letters and secure critical evidence surveillance footage, black box data, and hospital records before they disappear.
- Exclusive focus: Because we handle only personal injury and wrongful death claims, we have built a network of medical, financial, and accident experts that your case may require.
What Is a Wrongful Death Claim in Pennsylvania?
A wrongful death claim is a civil lawsuit filed when a person dies as a result of another party’s negligence, recklessness, or wrongful act. Pennsylvania law, specifically 42 Pa.C.S. § 8301, gives surviving family members the right to seek financial compensation from the party responsible for their loved one’s death.
This civil claim is completely separate from any criminal charges the at-fault party may face. Your family can pursue compensation regardless of whether criminal charges are filed or how a criminal case ends.
Common situations that lead to wrongful death claims in Philadelphia include:
- Fatal car, truck, motorcycle, and SEPTA bus accidents
- Medical malpractice and surgical errors
- Construction site and workplace fatalities
- Dangerous property conditions, including slip and fall accidents
- Defective and dangerous products
Who Can File a Wrongful Death Lawsuit in Pennsylvania?
Under Pennsylvania Rule of Civil Procedure 2202, the personal representative of the deceased’s estate files the wrongful death lawsuit on behalf of eligible family members. This representative is typically named in the deceased’s will, or appointed by the court if no will exists.
Eligible beneficiaries under Pennsylvania law are limited to the decedent’s surviving spouse, children, and parents. If no eligible family member files a claim within six months of the death, the personal representative may file on behalf of all beneficiaries.
We help families navigate the estate process, including opening an estate and managing probate filings in Philadelphia County, so you are not buried in legal paperwork while you grieve.
Wrongful Death vs. Survival Action in Pennsylvania
Most Philadelphia wrongful death cases involve filing two separate but related claims at the same time. Filing both maximizes the total compensation available to your family.
| Wrongful Death Act (§ 8301) | Survival Act (§ 8302) | |
| Filed on behalf of | Surviving spouse, children, and parents | The decedent’s estate |
| What it covers | Family’s losses: lost financial support, companionship, and funeral costs | Decedent’s pre-death losses: pain and suffering, medical bills, and lost wages |
| PA Inheritance Tax | Generally exempt | May be subject to inheritance tax and creditor claims |
| Filing Deadline | Two years from the date of death | Two years from the date of the injury |
How damages are allocated between these two claims directly affects your family’s net recovery. Our attorneys carefully structure both claims to protect as much of your compensation as possible.
What Compensation Can Families Recover?
The compensation available in a wrongful death case is designed to address both the financial and personal losses your family has suffered. Every case is different, but recoverable damages typically fall into the following categories:
- Economic damages: Funeral and burial costs, final medical bills, the income and financial support your loved one would have provided, and the value of household services they contributed.
- Non-economic damages: The loss of your loved one’s companionship, guidance, comfort, and presence in your daily life.
- Survival damages: Compensation for the pain and suffering your loved one experienced before their death, as well as wages lost between the time of the injury and their passing.
- Punitive damages: In cases involving especially reckless or malicious conduct such as a drunk driver the court may award punitive damages to punish the at-fault party.
No amount of money can undo what your family has been through. But securing fair compensation can relieve the financial pressure and allow you to focus on healing.
How We Build Your Philadelphia Wrongful Death Case
To recover compensation for your family, our Philadelphia wrongful death attorneys must prove that the at-fault party’s negligence caused your loved one’s death. This requires establishing four elements: that the defendant owed your loved one a duty of care, that they breached that duty, that the breach caused the death, and that your family suffered real losses as a result.
What Evidence We Gather in the First 30 Days
Acting quickly is critical. Evidence disappears fast, surveillance footage gets overwritten, witnesses move on, and physical conditions change. In the first 30 days, we work to secure:
- Preservation letters sent to at-fault drivers, trucking companies, employers, and hospitals
- Black box data, dashcam footage, and 911 audio recordings
- The death certificate, autopsy report, and complete medical records
- Eyewitness statements, police reports, OSHA filings, and expert accident reconstruction reports
The sooner you contact us, the stronger your case will be.
What If the Insurance Company Blames Your Loved One?
Shifting blame onto the deceased is one of the most common tactics insurance companies use to reduce or deny a wrongful death claim. It is important to understand that even if your loved one was partially at fault, your family may still be entitled to compensation.
Pennsylvania follows a modified comparative negligence rule. Under Pennsylvania’s modified comparative negligence rule, your family can still recover damages if your loved one was 50% or less responsible for the accident. The total compensation is reduced by the defendant’s percentage of fault. For example, if they were found 40% at fault, your family would recover 60% of the total damages.
We investigate every case aggressively to challenge inflated fault claims and protect your family’s right to full and fair compensation.
How Long Does Your Family Have to File in Pennsylvania?
Pennsylvania law gives families two years from the date of death to file a wrongful death lawsuit under 42 Pa.C.S. § 5524. For a survival action, the clock starts on the date of the injury that caused the death, which may be earlier.
Missing this deadline almost always means losing your right to compensation entirely. Our Philadelphia wrongful death lawyers urge families to contact us as soon as possible, not only to meet the deadline but also because critical evidence, such as surveillance footage, eyewitness accounts, and physical conditions, can be lost quickly.
How Much Does It Cost to Hire Our Attorneys?
There are no upfront costs to hire Wilk Law for your wrongful death case. We advance all case expenses, including the cost of expert witnesses, court filings, and investigations.
Our fee is a percentage of the compensation we recover for your family. If we do not win, you owe us nothing. Our personal injury attorneys believe that your family’s financial situation should never stand in the way of seeking justice for your loved one.
Philadelphia Wrongful Death Lawyer FAQs
Can We File a Wrongful Death Claim If a Criminal Case Is Already Pending?
Yes, the civil wrongful death claim can move forward independently of any criminal prosecution. We can help you determine the best timing strategy based on the specific facts of your case.
Can We Hold Multiple Parties Liable for One Death?
Yes. In many Philadelphia wrongful death cases, more than one party shares responsibility, for example, a negligent driver and their employer, or a property owner and a contractor. We identify every liable party to maximize your family’s recovery.
Are Wrongful Death Settlements Taxable in Pennsylvania?
Proceeds from a wrongful death claim are generally not subject to the Pennsylvania inheritance tax. However, compensation recovered through a survival action may be subject to inheritance tax and creditor claims, which is why the allocation of damages between the two claims matters.
What Documents Should We Bring to Our First Meeting?
Bring whatever you have: the death certificate, any medical or hospital bills, funeral invoices, police or incident reports, and any correspondence from insurance companies. We will help you identify anything else we need.
How Long Do Philadelphia Wrongful Death Cases Typically Take?
Case timelines vary; some wrongful death claims resolve relatively quickly, while complex matters such as those involving medical malpractice or multiple defendants often take longer. We keep you informed at every stage and never settle without your approval.
Contact a Philadelphia Wrongful Death Attorney Today
Your family should not have to fight an insurance company while grieving. At Wilk Law, we take that burden off your shoulders so you can focus on your family while we pursue the justice your loved one deserves.
The two-year filing deadline is firm, and evidence can disappear without warning. Contact Wilk Law Personal Injury & Car Accident Lawyers today for a free, confidential consultation with an experienced Philadelphia wrongful death attorney. There are no fees unless we win your case.