Philadelphia Wrongful Death Lawyer

Philadelphia Wrongful Death Lawyer

If you are accused of wrongful death in Philadelphia, the Law Offices of Gregory J. Pagano understands the profound emotional burden you are carrying. Losing a loved one to someone else’s negligence is devastating. Deciding whether and how to pursue legal action is a separate challenge, but one our legal team is fully prepared to help you navigate with care, expertise, and unwavering dedication.

When a wrongful death lawsuit is a possibility for any of our potential clients, our entire legal staff understands the many emotional difficulties that are involved. Facing the loss and coming to a decision on whether and how to pursue legal action are separate, but similarly burdensome challenges.

What Is a Wrongful Death Claim in Pennsylvania?

Under Pennsylvania law, a wrongful death claim allows the surviving family members of a deceased individual to seek compensation when the death was caused by the negligent, reckless, or intentional actions of another party. These claims are governed by the Pennsylvania Wrongful Death Act (42 Pa. C.S. § 8301), which gives certain family members the right to bring a civil lawsuit independent of any criminal proceedings.

Eligible plaintiffs in Pennsylvania wrongful death cases typically include the surviving spouse, children, or parents of the deceased. The estate’s personal representative files the claim on behalf of these beneficiaries. It is important to note that wrongful death claims are separate from survival actions, which allow the estate itself to pursue damages the deceased would have been entitled to had they survived.

Common Causes of Wrongful Death:
Our staff is prepared to be sensitive to your loss, and to guide you capably through the many steps necessary to bring an effective wrongful death lawsuit in the event of a fatal accident such as the following:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Severe dog bite or mauling
• Slip and fall accident, such as a fall from a hotel balcony
• Construction accident
• Dangerous or defective piece of machinery or other equipment
• Medical Malpractice, Surgical Errors, & Anesthesia Errors
• Hospital malpractice
• any tragedy leading to a class action lawsuit – such as death from defective drugs or tire defects

There is no provision in the law for the intangible but horrible reality of losing a loved one. However, a skilled lawyer is qualified to help you obtain compensation for the lost wages and other “objective” financial losses brought about by the tragic death of a family member.

What Compensation Can a Wrongful Death Claim Recover?

There is no provision in the law that accounts for the intangible but devastating reality of losing a loved one. However, Pennsylvania law does provide a framework for recovering both economic and non-economic damages through a wrongful death and survival action. A skilled Philadelphia personal injury attorney can help your family pursue compensation for:

• Medical expenses incurred prior to death as a result of the fatal injury or illness
• Funeral and burial costs
• Lost wages, salary, and future earning capacity that the deceased would have contributed to the household
• Loss of benefits, including pension and retirement income
• Loss of companionship, guidance, and services provided to the family
• Pain and suffering experienced by the deceased prior to death (through a survival action)

The value of a wrongful death claim depends on many factors, including the age and earning potential of the deceased, the number of dependents, and the severity of the defendant’s negligence. Our attorneys work with financial experts and medical professionals to build the strongest possible case for your family.

How Our Philadelphia Wrongful Death Attorneys Prove Negligence

To provide the best possible outcome for our clients in a wrongful death case in Pennsylvania, our attorneys must establish four key elements: that the defendant owed the deceased a duty of care, that the defendant breached that duty, that the breach directly caused the death, and that the death resulted in measurable damages to the survivors. This is fundamentally similar to proving negligence in other personal injury cases, but the stakes are uniquely high, and the evidentiary demands are substantial.

Our firm conducts thorough investigations, preserves critical evidence, and retains qualified experts to reconstruct accidents, analyze medical decisions, and quantify economic losses. Whether the death was caused by a distracted driver, a negligent surgeon, a property owner who failed to address a known hazard, or a manufacturer who sold a defective product, we know how to build a compelling case.

Wrongful Death Claims and Related Criminal Charges

In many cases, a wrongful death arises from conduct that also carries criminal liability. If the responsible party has been charged with homicide, homicide by vehicle, reckless endangerment, DUI, or any other crime, the outcome of those criminal proceedings can influence your civil case. A criminal conviction establishes that the defendant acted wrongfully, which can significantly strengthen your wrongful death claim.

It is important to understand that civil wrongful death suits and criminal prosecutions are entirely separate legal proceedings. Even if a defendant is acquitted of criminal charges, you can still prevail in a civil wrongful death lawsuit because the burden of proof is lower. Our firm’s deep experience in both civil and criminal defense law gives us a uniquely comprehensive view of how these cases intersect.

Pennsylvania Wrongful Death Statute of Limitations

In Pennsylvania, wrongful death lawsuits must generally be filed within two years of the date of death, as set out by the state’s statute of limitations. Waiting too long to act can result in your claim being permanently barred, regardless of its merit. There are limited exceptions, but they are narrow and not guaranteed.

If you believe you have a wrongful death claim, contact our office as soon as possible. The sooner our attorneys can begin investigating, the better positioned your family will be to secure evidence, identify witnesses, and build the most compelling case possible. Time is a critical factor in every wrongful death matter.

Why Choose the Law Offices of Gregory J. Pagano?

Our firm has decades of experience representing Philadelphia families in serious and complex legal matters. We have successfully handled cases involving construction accidents, medical malpractice, civil rights violations, and catastrophic injuries that took the lives of our clients’ loved ones. We approach every wrongful death matter with the seriousness, sensitivity, and tenacity it deserves.

We understand that no financial recovery can replace the person you have lost. But holding negligent parties accountable serves a larger purpose: it provides your family with a measure of justice, financial security, and the knowledge that what happened to your loved one will not be allowed to happen to someone else. Our personal injury legal team is committed to fighting for that outcome on your behalf.

We handle wrongful death cases on a contingency fee basis, which means you pay nothing unless we recover compensation for your family. There is no financial risk in contacting our office for a free consultation.

Contact a Philadelphia Wrongful Death Lawyer Today

If your family has lost a loved one due to someone else’s negligence, the Law Offices of Gregory J. Pagano is ready to help. Our Philadelphia wrongful death attorneys have the experience, resources, and compassion to guide your family through this extraordinarily difficult time. We will handle every aspect of your case, from the initial investigation to negotiations with insurance companies to, if necessary, trial advocacy on your behalf.

Contact our office today to schedule a free, confidential consultation. We serve clients throughout Philadelphia and the surrounding counties, and we are available to answer your questions at any time.