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Pennsylvania Wrongful Death Attorneys

PA Wrongful Death Lawyers in Carlisle, Hanover, Harrisburg, Lancaster, Schuylkill County & York

The death of a loved one is devastating. When that loss was caused by the negligence of another, the pain is compounded by the unjust circumstances of their death. If you and your loved ones have experienced the pain from an accident that resulted in wrongful death of a family member, Handler, Henning & Rosenberg LLC can help. We are dedicated to upholding the rights of your family and fighting to hold the appropriate parties accountable for the death that they caused. As part of the process, our Pennsylvania wrongful death lawyers can fight for compensation to secure your family’s financial future so you can focus on the grieving process and moving forward.

Call (888) 498-3023 for more information. We offer free case evaluations with experienced Pennsylvania wrongful death lawyers. Spanish-speaking services are available.

What Is a Wrongful Death in Pennsylvania Law?

Under Pennsylvania personal injury laws, a wrongful death lawsuit may be filed “to recover damages for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.” However, Pennsylvania law does limit who a wrongful death lawsuit may benefit–the person’s spouse, children, and parents.

Wrongful death claims often include the emotional damages and mental anguish inflicted on surviving family members. To get justice for a loved one and recover damages, the family must provide evidence of negligence, which can involve compiling reports, witness statements, and expert testimonies to strengthen their claim. Having an experienced Pennsylvania wrongful death attorney handle these tasks strengthens the claim, which makes getting justice more likely.

If the deceased person does not have a surviving spouse, child, or parent, the law does permit a personal representative to file a lawsuit to recover reasonable expenses including medical care, funeral expenses, and administrative expenses incurred because of the death. The spouse, child, parent, or personal representative only has two years from the date of death to file a wrongful death lawsuit.

Because a wrongful death investigation can take some time, it is in the survivors' best interest to consult with a Harrisburg wrongful death attorney as soon as possible.

What Is the Difference Between Survival Action & Wrongful Death in Pennsylvania?

Two important legal concepts to understand in this context are “wrongful death” and “survival action.” While both are legal actions that arise from a death caused by another’s negligence, they differ in purpose, the damages they seek to recover, and who may bring the suit.

Wrongful Death Action

A wrongful death action is a lawsuit brought on behalf of the decedent’s surviving family members. The purpose of a wrongful death suit is to compensate these family members for their losses stemming from the decedent’s death.

Damages in a wrongful death action typically include losses experienced by the survivors as a result of their loved one’s death. These might encompass lost financial support, lost companionship or consortium, funeral and burial expenses, and the pain and suffering the family experienced because of their loved one’s untimely passing.

Survival Action

On the other hand, a survival action is a lawsuit that essentially allows a decedent’s estate to pursue the personal injury claim that the deceased could have pursued had they survived. This legal action is brought by the decedent’s estate, represented by an appointed personal representative.

The damages recoverable in a survival action include the pain and suffering the decedent endured before death, as well as the loss of gross earning power from the date of injury until death, and loss of earning power, less personal maintenance expenses, from the date of death through the decedent’s estimated working lifespan. Essentially, survival actions aim to compensate the decedent’s estate for losses the decedent themselves would have been entitled to recover had they lived.

Survival actions often require rigorous documentation to justly depict the decedent’s pain before death and potential earnings lost because of the untimely passing. These require financial appraisals and testimonies about the decedent’s future potential, underlining the importance of qualified legal guidance for maximizing compensation.

Compensation with a Pennsylvania Wrongful Death Lawsuit

The damages in a wrongful death lawsuit depend on the facts and circumstances of the case in addition to who files the lawsuit. As discussed above, if a personal representative files the lawsuit, the damages are limited to "reasonable hospital, nursing, medical, funeral expenses and expenses of administration necessitated by reason of injuries causing death. However, if a surviving spouse, child, or parent files a wrongful death lawsuit, that person may be entitled to additional damages.

Damages available to qualified persons in a Pennsylvania wrongful death lawsuit include:

  • Medical bills from the date of injury through the date of death
  • Funeral and burial costs
  • Loss of financial contributions by the decedent
  • Loss of services, society, and comfort
  • Loss of guidance, moral upbringing, and tutelage for children of the decedent

Compensation serves a dual purpose; it is meant to alleviate the financial burden placed on surviving loved ones after a family member’s passing, especially if they were a primary source of income before their death. It’s also meant to offer justice and solace to families who want assurance that their claim could prevent similar negligence from affecting another family. Understanding the full spectrum of recoverable damages and effectively presenting them is critical; that’s why families need Pennsylvania wrongful death attorneys.

Understanding Wrongful Death Laws in Pennsylvania

If you have lost a loved one due to the negligence or wrongful actions of another party, it’s important to understand the laws surrounding wrongful death in Pennsylvania. Our team of experienced attorneys at Handler, Henning & Rosenberg LLC is dedicated to helping grieving families navigate the legal process and seek justice for their loss.

Key points to consider about wrongful death in Pennsylvania:

  • Pennsylvania defines wrongful death as a death caused by the wrongful act, neglect, unlawful violence, or negligence of another party.
  • Surviving family members, such as spouses, children, and parents, may be eligible to file a wrongful death claim and seek compensation for their loss.
  • Wrongful death claims are separate from survival actions, which focus on the damages suffered by the deceased individual prior to their death.
  • Compensation in a wrongful death lawsuit may include medical and funeral expenses, loss of financial support, and emotional pain and suffering.

Our Pennsylvania wrongful death firm provides free advice and support to help you recover legally and financially from the death of a loved one. Contact us today to schedule a consultation and put experienced lawyers on your side during this difficult time.

Types of Cases Handled by Pennsylvania Wrongful Death Lawyers

At Handler, Henning & Rosenberg LLC, we have been there to help families throughout the state of Pennsylvania who were facing one of the most difficult times of their life. We understand that no amount of money will ever bring back your loved one–nothing that will ever repair the loss that you’re feeling. Still, we believe in the power of filing a lawsuit.

By taking legal action, you can fight to recover the compensation that you need to take care of yourself and your family. This compensation can be used for everything from medical bills to funeral costs to help cover the loss of wages. Beyond that though, taking legal action can help you find the answers that you deserve and it can hold the responsible parties accountable for their part in the death of your loved one. This can be powerful in helping prevent the same thing from happening again to other families.

Our firm is honored to be the advocate chosen by countless families and individuals, and we work hard to represent their best interests in a wide array of wrongful death cases. Our team of attorneys has the legal experience and skill that you can trust.

Examples of cases that our Pennsylvania wrongful death attorneys can handle include:

In addition to these examples, wrongful death cases can stem from medical malpractice, defective products, or even workplace accidents not typically covered under common examples. It’s critical that your wrongful death attorneys possess experience with a wide array of injury claims and accident types.

Pennsylvania Wrongful Death Statute of Limitations & Challenges

Pennsylvania law mandates a two-year statute of limitations for filing a wrongful death lawsuit, beginning from the date of the deceased’s passing. Establishing negligence often requires gathering substantial evidence and interviewing the defendants, which are time-consuming tasks. This timeframe isn’t long, in legal terms; families ought to consult with an attorney as soon as possible to ensure the strongest possible chance of success.

Navigating this deadline can be challenging, especially when coupled with the emotional and logistical burdens of losing a loved one. Calling our Pennsylvania wrongful death lawyers is critical for allowing yourself time to heal while ensuring your case moves forward; this is the most vital service we offer to our clients.

Steps to Take If You Suspect Wrongful Death

If you suspect that a loved one’s death resulted from negligence or wrongful conduct, there are vital steps to follow to ensure your legal rights are protected.

Firstly, document all available evidence related to the incident, including medical records, accident reports, and other relevant documentation. This detailed record-keeping can be crucial in establishing the foundation of a potential legal claim.

Next, promptly consult with a wrongful death lawyer to receive personalized guidance specific to your situation. A skilled attorney will conduct a thorough investigation and offer insights into the potential paths forward. This can be a pivotal step in understanding the legal landscape and identifying potential claimants who are eligible to pursue a wrongful death lawsuit.

Pursue Justice with the Help of HHR

From our offices in Carlisle, Hanover, Harrisburg, Lancaster, Schuylkill County, and York, our Pennsylvania wrongful death attorneys represent clients throughout the state. Given the short time window for seeking recovery, we encourage you to contact our lawyers as soon as possible. We’re available to answer any questions you may have. Meanwhile, we’ll take an aggressive stance on your behalf and fight for a secure future for you and your loved ones.

Our firm is prepared to take your case to trial if we believe that will secure the best possible outcome on your behalf. By giving us a call or filling out our online form, we can listen to your story and help you learn about the options available to you. So don’t wait. Contact us today for the help that you truly deserve.

Contact our firm at (888) 498-3023 to learn more! We are available 24/7.

Pennsylvania Wrongful Death FAQ

Who Can File a Wrongful Death Claim in Pennsylvania?

In Pennsylvania, the right to file a wrongful death claim primarily resides with the personal representative of the deceased's estate. However, if the representative does not file the claim within six months from the date of death, eligible family members such as the spouse, children, or parents can initiate the claim. It's crucial to understand these legal protocols to ensure that the claim proceeds appropriately and within the legal timeframe.

What Is Required to Prove Negligence in a Wrongful Death Case?

Proving negligence in a wrongful death case involves demonstrating four key elements: duty, breach of duty, causation, and damages. Firstly, it must be shown that the defendant had a legal duty to the deceased. Then, evidence is required to prove that this duty was breached, causing harm. Establishing a direct link between the breach and the death, as well as defining the damages suffered by the survivors, are equally critical components. Compiling compelling evidence for each of these aspects often requires meticulous work by a legal team experienced in handling wrongful death claims in Pennsylvania.

How Are Settlements for Wrongful Death Claims Calculated?

Settlements in wrongful death claims are calculated based on various factors, including the financial contributions of the deceased, the degree of emotional suffering, and the survivors' dependency on the deceased. The computation also considers medical and funeral expenses, loss of companionship, and other intangible losses. Legal experts employ detailed analyses, often integrating testimonies from economic and mental health professionals to arrive at a fair settlement that adequately compensates the family for their profound loss.

Are Wrongful Death Settlements Taxable in Pennsylvania?

In Pennsylvania, wrongful death settlements typically are not taxable. The IRS generally exempts personal injury recoveries, including wrongful death settlements, from federal income tax because they are considered compensation for loss rather than income. However, certain portions, such as punitive damages or any interest accrued, may be subject to taxation. Consulting with a tax professional familiar with Pennsylvania's tax regulations is advisable to ensure compliance and to understand fully any potential tax obligations related to a settlement.

What Should I Expect During a Wrongful Death Consultation?

During a wrongful death consultation, expect an in-depth discussion about the circumstances surrounding the death of your loved one. This includes providing any existing documentation and responding to inquiries about the incident and potential negligence involved. The meeting will focus on understanding your objectives and concerns and offering initial insights into the legal pathways open to you. The attorney will outline potential next steps and discuss how the legal process typically unfolds for wrongful death claims in Pennsylvania. This meeting is also an opportunity for you to assess the attorney's approach and determine whether you're comfortable proceeding with their representation. It is vital to feel secure in your legal team’s ability to handle the nuanced and emotional aspects of your wrongful death claim.

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