King of Prussia, Pennsylvania Wrongful Death Attorney

Seasoned Lawyer for Wrongful Death Claims in King of Prussia

Tragedy sometimes strikes out of nowhere, cutting a life short and leaving surviving family members in mourning. Coping with grief is hard enough on its own, but the hole left by a deceased loved one can be felt for years, in more ways than one. If your loved one died as a result of somebody else's reckless or careless behavior, consider reaching out to a King of Prussia, PA wrongful death lawyer.

Pursuing a wrongful death claim requires a deep understanding of Pennsylvania law, and the filing requirements can be a lot to process for a grieving family. At Neuwirth Law Office, LLC, we are prepared to help you with your wrongful death claim, walking you through the legal process from start to finish.

Rules About Wrongful Death Claims in Pennsylvania

Pennsylvania law allows certain family members to pursue a wrongful death claim when a person dies as a result of another party's negligence, recklessness, or wrongdoing. The right to recover compensation generally belongs first to a surviving spouse and children. If there is no surviving spouse or children, the right typically passes to the deceased person's parents. This structure is meant to ensure that the people most directly affected by the loss are the ones entitled to seek compensation for it.

The personal representative of the deceased person's estate usually files the wrongful death claim, even though the recovery itself is intended for the surviving family members rather than the estate as a whole. That recovery may factor in funeral and burial costs, loss of services or income to the family, loss of guidance and companionship, medical expenses before death, and other damages.

The personal representative is usually named directly in the deceased person's will or appointed by the court if no will exists at the time of death. In Pennsylvania, a wrongful death claim usually has to be filed no later than two years from the date of death, though this deadline can shift depending on the specific circumstances surrounding the case.

What Is a Survival Action?

A survival action is a separate legal claim that allows the deceased person's estate to recover damages the person themselves could have pursued had they survived their injuries and lived. This can include medical expenses incurred before death, lost income between the time of the injury and the time of death, and compensation for the pain and suffering the person experienced prior to passing away from their injuries.

A survival action compensates the estate itself, and any recovery goes back to the estate to be sorted out according to the deceased person's will or Pennsylvania's laws of intestate succession. Many wrongful death cases involve both a wrongful death claim and a survival action filed together at the same time, since the two claims cover different types of damages arising from the same underlying incident and injury.

Incidents That Give Rise to Wrongful Death Claims

Wrongful death claims can arise from many different types of accidents and incidents throughout Pennsylvania. Car, truck, and motorcycle accidents caused by a negligent or reckless driver are among the most common causes. Workplace accidents, defective products, premises liability incidents such as falls or inadequate security, and nursing home neglect are additional common sources of wrongful death claims across Pennsylvania.

In some cases, criminal conduct such as an assault can also give rise to both criminal charges and a separate civil wrongful death claim pursued at the same time by the family. Our firm is also prepared to represent you in government liability claims when the cause of death can be traced back to the state government or local authorities. These claims typically involve stricter deadlines and filing requirements, which makes strong representation essential.

Contact a King of Prussia, PA Wrongful Death Lawyer

Losing a loved one due to someone else's negligence is devastating, and pursuing a legal claim can feel overwhelming during an already painful and difficult time. At Neuwirth Law Office, LLC, we handle the legal process so your family can focus on healing. Call 215-259-3687 or contact our King of Prussia wrongful death attorney to arrange a free consultation.