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Wrongful death cases involve sensitive and serious legal steps. In this PDF, learn how a Wrongful death lawyer Pennsylvania can assist in holding the responsible party accountable. Edelstein Martin & Nelson is dedicated to helping families during their toughest times.
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How a Wrongful Death Lawyer in Pennsylvania Can Help Families Seek Justice Losing a loved one is devastating under any circumstance, but when that loss is caused by someone else’s negligence, recklessness, or wrongful actions, the pain is often accompanied by anger and unanswered questions. Families are left not only grieving but also facing unexpected financial burdens and a need for accountability. That’s where a compassionate and experiencedPennsylvania wrongful death lawyer can make a life-changing difference. While no legal outcome can undo the pain of losing a loved one, a wrongful death claim can provide financial support, bring justice to light, and offer families a sense of closure during one of the most difficult times in their lives. What Is a Wrongful Death Claim in Pennsylvania? A wrongful death claim is a civil action brought on behalf of a deceased individual whose death was caused by the negligence, carelessness, or intentional misconduct of another party. These claims are meant to compensate surviving family members for the losses they’ve suffered due to the untimely death of their loved one. Common causes of wrongful death include: ● Car, truck, and motorcycle accidents ● Medical malpractice ● Defective products ● Workplace or construction accidents ● Nursing home abuse or neglect ● Criminal acts such as assault or homicide
A Pennsylvania wrongful death lawyer can investigate the circumstances surrounding the death and help determine whether a valid legal claim exists. Who Can File a Wrongful Death Lawsuit in Pennsylvania? Under Pennsylvania law, a wrongful death claim must be filed by the personal representative (or executor) of the deceased’s estate. This is
usually named in the person’s will, but if there is no will, the court may appoint someone, often a close family member. Although the claim is filed by the personal representative, the compensation is distributed to certain surviving family members, which may include: ● The surviving spouse ● Children (including adopted children) ● Parents of the deceased ● Other family members financially dependent on the deceased A skilled Pennsylvania wrongful death attorney can guide families through this process, especially if there’s any confusion or dispute about who is eligible to benefit from the claim. What Compensation Can Families Recover? Wrongful death lawsuits seek to recover both economic and non-economic damages, addressing both the financial impact and emotional toll of the loss. Compensation may include: Economic Damages ● Medical expenses incurred before the loved one’s death ● Funeral and burial costs ● Loss of the deceased’s income and future earnings ● Loss of household services, child care, or caregiving support Non-Economic Damages ● Loss of companionship, guidance, and affection ● Emotional pain and suffering of surviving family members ● Loss of parental care for surviving children In rare cases involving extreme misconduct or intentional harm, punitive damages may be awarded to punish the wrongdoer and deter similar actions.
Survival Actions vs. Wrongful Death Claims Pennsylvania allows for two types of legal claims after a wrongful death: a wrongful death claim and a survival action. A wrongful death claim compensates family members for the loss they’ve suffered. A survival action, on the other hand, allows the estate to recover damages the deceased person would have been entitled to had they survived—such as pain and suffering, lost wages, or medical costs. Both claims can be filed simultaneously and are often handled together by a Pennsylvania wrongful death lawyer, maximizing the family’s ability to recover full compensation. Wrongful Death Cases Involving Medical Malpractice or Nursing Home Neglect Some of the most emotionally difficult and complex wrongful death cases arise from medical malpractice or nursing home neglect. Families place immense trust in healthcare providers and care facilities to look after their loved ones. When that trust is broken and a preventable death occurs, the pain is profound and accountability is essential. In cases of medical malpractice, wrongful death may result from: ● Surgical errors ● Misdiagnosis or failure to diagnose ● Medication mistakes ● Anesthesia complications ● Delayed treatment or improper care Hospitals and doctors often have powerful legal teams defending their interests, which makes these cases especially challenging. A Pennsylvania wrongful death lawyer will consult with independent medical experts to review records and testify about how proper care could have prevented the death.
Nursing home neglect is another heartbreaking cause of wrongful death. Elderly residents may suffer from untreated infections, malnutrition, falls, or abuse at the hands of staff. In many cases, neglect is the result of understaffing, poor training, or systemic failure within the facility. Your attorney can help investigate: ● Staffing logs and employee records ● Facility safety inspections and violation reports ● Surveillance footage and witness accounts ● Medical documentation showing signs of neglect or abuse These sensitive cases require compassion, discretion, and persistence. An experienced wrongful death lawyer will support the family emotionally while aggressively pursuing justice against negligent institutions or providers. Whether the death occurred in a hospital, nursing home, or private care setting, your legal team will work tirelessly to uncover the truth, protect your loved one’s memory, and pursue full accountability. Why You Need a Pennsylvania Wrongful Death Lawyer Wrongful death cases are emotionally complex and legally challenging. Insurance companies, hospitals, employers, or other defendants will often try to minimize liability or shift blame. Without skilled legal representation, families may be left with unanswered questions or, worse, no compensation at all. A qualified Pennsylvania wrongful death lawyer will: ● Investigate the cause of death thoroughly ● Identify all liable parties ● Preserve key evidence and interview witnesses ● Work with medical, financial, or accident experts ● Handle communications with insurers and opposing attorneys ● Calculate the full value of the claim ● Negotiate a fair settlement or take the case to trial
By managing the legal process from start to finish, your attorney allows you and your family to focus on healing and remembering your loved one. Proving Liability in a Wrongful Death Case To succeed in a wrongful death case, your lawyer must prove that: ● The at-fault party owed a duty of care to the deceased ● That duty of care was breached through negligence or misconduct ● The breach directly caused the death ● Surviving family members suffered damages as a result Establishing this chain of events often requires a detailed investigation and expert support. Your Pennsylvania wrongful death lawyer will work to gather the necessary evidence, such as: ● Police or incident reports ● Medical records and autopsy findings ● Surveillance footage or photos ● Eyewitness statements ● Safety records, maintenance logs, or inspection reports How Long Do You Have to File a Wrongful Death Claim in Pennsylvania? Pennsylvania law generally gives families two years from the date of death to file a wrongful death lawsuit. This legal deadline is called the statute of limitations, and failing to file within this time frame can result in the loss of your right to seek compensation. However, certain circumstances may affect the timeline, such as when the cause of death was not immediately apparent. A knowledgeable attorney can ensure your claim is filed properly and on time. The Emotional Impact of Seeking Justice
Filing a wrongful death claim is about more than money—it’s about accountability. Families want answers. They want to know how and why their loved one died, and they want to make sure the same thing doesn’t happen to someone else. For many families, a successful legal case provides: ● A sense of closure ● Recognition of their loved one’s life and loss ● Financial stability for the future ● Peace of mind knowing justice was served At a time when everything feels uncertain, having a dedicated legal advocate on your side can offer real comfort and strength. Speak With a Pennsylvania Wrongful Death Lawyer Today If your family is grieving the loss of a loved one due to someone else’s negligence or misconduct, you deserve answers, accountability, and justice. Edelstein Martin & Nelson is committed to helping families across Pennsylvania seek the compensation they deserve and the closure they need. Their compassionate and experienced legal team understands how painful this time can be—and they can help you navigate it with dignity and strength. Call today at (215) 731-9900 for a free and confidential consultation with a trusted Pennsylvania wrongful death lawyer. They can help you fight for your family’s future and your loved one’s legacy.