Leading Philadelphia Wrongful Death Lawyer

Some of our most notable wrongful death cases include:

• $36.4 million settlement for an explosion caused by a corroded hydrogen tank, resulting in the wrongful death of a boilermaker. It was one of the largest single-victim wrongful death recoveries in the U.S. at the time.
• $25 million verdict for the death of a physician caused by medical negligence.
• $15 million recovery for the family of a woman who died from hospital negligence.
• $12.95 million settlement for the family of a woman who died due to a medication error.
• $10 million recovery in a Philadelphia case involving a welder killed when a water tank ruptured.
• $10 million settlement for the family of an 11-year-old girl who drowned at a swimming facility.
• $7 million settlement for the death of a woman during childbirth.
• $7 million recovery for a wrongful death in New Jersey caused by an auto defect.
• $6.4 million recovery for the family of a man who died from emergency room malpractice.
• $5.5 million settlement for a woman whose death was caused by a failure to diagnose cervical cancer.

According to the Centers for Disease Control and Prevention, there were 222,698 reported deaths from unintentional injuries in the U.S. in 2023. Tragically, many of these deaths could have been avoided.

Is Wrongful Death a Personal Injury?

Wrongful death and personal injury claims are related but not the same. Both involve situations where someone’s negligent, reckless, or intentional actions cause harm, but they differ in who can bring the claim and what damages can be recovered.

• Personal Injury Claims: Filed by the injured person themselves. Damages may include medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages.
• Wrongful Death Claims: Filed by the survivors of the victim. Damages may include medical expenses, funeral and burial costs, loss of future earnings, and the loss of companionship, comfort, and care.

Under Pennsylvania law, punitive damages cannot be awarded in a wrongful death lawsuit. They may only be pursued through a survival action, which is filed alongside a wrongful death claim. A survival action seeks damages the deceased could have recovered had they lived, including pain and suffering and punitive damages meant to punish especially egregious conduct.

Who Can File a Wrongful Death Claim in Pennsylvania?

In Pennsylvania, only the personal representative of the deceased’s estate may file a wrongful death claim. If the decedent had a will, this representative is typically named there. If not, the court can appoint one.

There is also an important rule:

• If the personal representative does not file a wrongful death lawsuit within six months of the death, any eligible survivor (spouse, child, or parent) may file the claim as a trustee ad litem for the benefit of all beneficiaries.

This ensures that the right to bring a claim is preserved, even if the estate’s representative fails to act quickly.

What Is the Statute of Limitations for Wrongful Death in Pennsylvania?

Pennsylvania law sets a strict two-year statute of limitations for wrongful death lawsuits. This means the claim must be filed within two years of the date of death. If you miss this deadline, your right to seek compensation will almost always be barred, no matter how strong your case may be.

There are limited exceptions, but families should never assume they apply. Consulting an attorney immediately is the safest way to protect your rights.

Why Acting Quickly Is Critical

Time is not on your side in wrongful death cases. Evidence must be preserved, witnesses interviewed, and legal deadlines met. The sooner an attorney begins working on your case, the stronger it can be. Waiting too long risks not only the statute of limitations but also the loss of crucial details that could support your claim.

How Is a Wrongful Death Settlement Paid Out?

When a financial recovery is obtained, either by settlement or trial verdict, Pennsylvania law governs how the funds are distributed:

• Any damages for pain and suffering (through a survival action) are paid to the decedent’s estate.
• The remaining funds are distributed directly to the beneficiaries (spouse, children, or parents), following intestacy laws if no will is present.

This process ensures that all beneficiaries receive their rightful share of the compensation.

What Kinds of Cases Can a Philadelphia Wrongful Death Lawyer Help With?

A Philadelphia wrongful death lawsuit involves losing a loved one due to someone else's negligence. Wrongful deaths could be:

• Drowning, such as when a young girl died at a swimming facility.
• Product liability, like the time a collapsing table killed a child.
• Premises liability when a child drowns in a hotel swimming pool.
• Automobile litigation when a trucker dies in an accident.
• Medical malpractice, like the time a woman died after a routine fertility procedure.
• Workplace injuries such as the time a water tank explosion killed a man.

Vehicles are sometimes involved in wrongful death cases, including fatal truck accidents, car accidents, motorcycle accidents, or other vehicles like buses, trains, or bicycles. However, many other things could warrant a wrongful death lawsuit, such as nursing errors, dangerous and defective products, and construction workers' accidents.

Ross Feller Casey has successfully litigated many civil cases just like these, and we've won millions of dollars for our clients. A successful Philadelphia wrongful death lawsuit can give family members a means to pay for accumulated healthcare expenses and debt while, in many cases, providing a sense of justice.

Contact the Best Philadelphia Wrongful Death Lawyers Today

If you have lost a loved one due to medical malpractice, workplace accidents, car crashes, or any other wrongful act, you and your family may be entitled to compensation. But time is limited. Pennsylvania’s two-year statute of limitations means waiting could cost you your right to recovery.

The wrongful death attorneys at Ross Feller Casey can guide you through this difficult process. We handle all cases on a contingency basis, meaning you pay nothing unless we recover compensation for you.

Call our office today to schedule a free consultation with a leading Philadelphia wrongful death lawyer. We are here to protect your rights, pursue justice, and help you find the closure you deserve.

Ross Feller Casey has personal injury attorneys who specialize in wrongful death lawsuits in Philadelphia, Pennsylvania.