If you've lost a loved one to an accident or an intentional act of another, there's nothing that can truly compensate you for that. There's no bringing that person back. Sometimes, knowing that another person is responsible for the death by their irresponsibility, recklessness or misdeeds can make the situation even harder to deal with.
You can seek justice for your loved ones through the civil courts system - even if you could not through criminal courts. A wrongful death action against the responsible party may reward monetary damages for your loss.
Philadelphia Wrongful Death Lawyer
After losing a loved one to negligence or intentional acts, a Philadelphia wrongful death lawyer can represent you in recovering what you can for your loss. At Alva & Moscow, LLC, our trial attorneys are aggressive advocates for justice. We will take on insurance companies and any responsible parties to hold them accountable for your loved one's loss. You've suffered one of the worst things that can happen. Let us fight for you. Call us today at (215) 665-1695 to schedule a consultation.
We serve clients throughout the Philadelphia area, including in Bucks County, Montgomery County, Delaware County and Chester County. We also represent clients throughout Pennsylvania and New Jersey.
Wrongful death means a death that is caused by the negligence or intentional acts of another.
Negligence means that the plaintiff, or person bringing the lawsuit, must prove by preponderance of evidence that the defendant, or person being sued:
Had a duty to behave a certain way, usually as a reasonable person;
Failed to act that way, or breached that duty;
Was the actual and legal cause of the damages suffered; and
That a person suffered damages, in this case, death.
Accidental deaths may fall under negligence. Simply because a person did not intend for your loved one to die does not mean they are not responsible, and it does not mean they should not pay. Accidental deaths may be caused by auto accidents, medical malpractice or workplace accidents.
Intentional acts mean the person intended to cause harm, or had reckless disregard for the consequences. If the responsible person was convicted of murder or manslaughter, you likely have a very strong case.
However, if the person who caused the death was acquitted, it doesn't mean you will lose a civil case. Criminal law has a very different standard of evidence. Prosecutors may not have the evidence to prove the case against the person beyond a reasonable doubt.
In a civil case, the plaintiff only has to prove, more likely than not, that the events described happened. It is a much lower standard, and much easier to prove.
Who Can Bring a Wrongful Death Action in Pennsylvania, and When
Wrongful death actions are usually sought by the spouses or children of the deceased. However, in some circumstances, the parents can bring suit. It depends on the surviving relatives of the victim.
A wrongful death action must be filed within two years of the death. However, there are also lawsuits called survival lawsuits to seek compensation for the actual injury suffered, and they must be brought within two years of the injury.
For example, your loved one was badly hurt in an accident and suffered greatly for six months before succumbing. You may be able to seek compensation for the suffering he or she suffered, but that is a survival action and must be brought within 18 months of the death, which is two years after the injury.
Immediately following a death is a difficult time to think about money, but it's important to act quickly. Remember, your Philadelphia personal injury lawyer can act for you, handling the difficult negotiations.
Damages Available in Philadelphia Wrongful Death Actions
In a wrongful death lawsuit, you may seek compensation for both economic and noneconomic damages.
Economic damages are the tangible, measurable damages that you suffered as a result of the loss of your loved one. In a wrongful death, these damages may include the wages the loved one would have earned, lost services that would have been performed by the deceased, funeral expenses and other end-of-life expenses.
Noneconomic damages are the less tangible, but still very real damages you suffer, like the emotional loss of a loved one. In a survival action, you may also bring suit for the pain and suffering the loved one went through.
Punitive damages may also be available, especially if the death was the result of an intentional act. Punitive damages are meant to punish people.
Alva & Moscow, LLC | Philadelphia Wrongful Death Attorney
If you've gone through the death of a loved one due to the negligence or bad act of another, then you must act to bring justice for yourself and the one you’ve lost. A dedicated Philadelphia wrongful death lawyer from Alva & Moscow, LLC can fight to make sure you recover and hold the responsible people accountable. Call us today at (215) 665-1695 to set up a consultation.
Pennsylvania Wrongful Death FAQs
Who can file a wrongful death claim in Pennsylvania?
Under 42 Pa.C.S. § 8301, the personal representative of the estate files on behalf of the surviving spouse, children, and parents. If no representative files within six months of death, a surviving beneficiary may file. Damages are distributed among those statutory beneficiaries, not to the estate generally.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the family for what they lost - funeral expenses, lost financial support, and lost services, guidance, and companionship. A survival action under 42 Pa.C.S. § 8302 belongs to the estate and recovers what the decedent lost, including pain and suffering before death and lost lifetime earnings. Both are usually filed together.
How long do I have to file a wrongful death claim in Pennsylvania?
Two years from the date of death for the wrongful death claim. The survival action also runs two years, though the trigger can differ where the cause of death was not immediately known. Claims against a government entity require written notice within six months of the death.
What damages can be recovered in a wrongful death case?
Funeral and burial expenses, medical bills incurred before death, the financial support the decedent would have provided, and the value of the services, guidance, and comfort the family lost. The survival action adds the decedent's conscious pain and suffering and their lost future earnings net of personal maintenance.
Can I bring a wrongful death claim if criminal charges were filed?
Yes. The civil claim is entirely separate from any criminal prosecution and uses a lower burden of proof - preponderance of the evidence rather than beyond a reasonable doubt. A family can succeed civilly even where the criminal case ended in acquittal or was never charged.
Do wrongful death settlements have to be approved by a court?
Yes. Pennsylvania courts must approve wrongful death and survival settlements and the allocation between the two claims, because the tax treatment and the distribution among beneficiaries differ. Where minors are beneficiaries, additional court approval and protective arrangements are required.
How much does it cost to bring a wrongful death case?
Nothing up front. These cases are handled on contingency, with the firm advancing the cost of experts, records, and accident reconstruction. Families should not delay contacting a lawyer over cost concerns, particularly because evidence such as vehicle data, surveillance footage, and scene conditions disappears quickly.
Finding The Best
Attorney in PhiladelphiaFor Your Case
If you are facing any kind of injustice, be it a wrongful criminal accusation or being injured by the
negligence of another, a fearless Philadelphia attorney from Alva & Moscow, LLC can fight zealously for
your rights. We can serve as your criminal defense lawyer or your personal injury attorney. We apply our
principles of aggressive representation to seek the best results for you.
We represent clients throughout the Philadelphia area, including Bucks, Chester, Montgomery and Delaware
Counties, as well as Pennsylvania and New Jersey.
