Wrongful Death Lawyer

Lancaster, PA Wrongful Death Attorneys

Losing a loved one is one of life's most difficult experiences. When that loss is caused by someone else's negligence, recklessness, or intentional actions, the pain is compounded by feelings of injustice and anger. While no legal action can bring back your loved one, Pennsylvania law allows families to seek accountability and compensation through wrongful death claims.

At Georgelis, Larsen & Sabatino Injury Law Firm, P.C., our wrongful death lawyers provide compassionate, respectful legal support during this incredibly difficult time. We understand the emotional toll of losing a family member, and we handle your case with sensitivity while aggressively pursuing justice on your behalf.

What is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed when someone dies due to another party's negligent, reckless, or intentional conduct. These claims seek compensation for the losses suffered by surviving family members and hold responsible parties accountable for their actions.

In Pennsylvania, wrongful death claims are governed by the Wrongful Death Act and the Survival Act, which allow certain family members to recover damages for their loss and for the decedent's pain and suffering before death.

Common Causes of Wrongful Death

Wrongful death claims arise from many types of accidents and incidents:

• Motor Vehicle Accidents: Fatal car, truck, and motorcycle crashes
• Medical Malpractice: Surgical errors, misdiagnosis, medication mistakes
• Workplace Accidents: Construction site deaths, industrial accidents
• Defective Products: Dangerous consumer products and equipment
• Premises Liability: Fatal slip and falls, inadequate security
• Nursing Home Abuse: Neglect or abuse of elderly residents
• Pedestrian Accidents: Pedestrians struck by vehicles
• Boating Accidents: Fatal watercraft collisions
• Criminal Acts: Assault, homicide, or other violent crimes
• Swimming Pool Accidents: Drownings due to inadequate supervision

Who Can File a Wrongful Death Claim in Pennsylvania?

Pennsylvania law specifies who has the right to file a wrongful death claim:

• Personal Representative: The executor or administrator of the deceased's estate typically files the claim on behalf of beneficiaries
• Beneficiaries: Surviving spouse, children, and parents are primary beneficiaries
• Other Family Members: In some cases, other family members who were financially dependent may have rights

Our wrongful death attorneys help determine who should file the claim and ensure all eligible family members are represented.

Damages Available in Wrongful Death Cases

Wrongful death claims in Pennsylvania can recover compensation for various losses:

Wrongful Death Act Damages

• Loss of Financial Support: Income and benefits the deceased would have provided
• Loss of Services: Household services and contributions
• Loss of Companionship: Loss of love, guidance, and companionship
• Loss of Consortium: Loss of the marital relationship
• Funeral and Burial Expenses: Costs of final arrangements

Survival Act Damages

• Pain and Suffering: The decedent's conscious pain before death
• Medical Expenses: Treatment costs before death
• Lost Wages: Income lost between injury and death
• Punitive Damages: In cases of gross negligence or intentional harm

Establishing Liability in Wrongful Death Cases

To succeed in a wrongful death claim, we must prove:

1. Duty of Care: The defendant owed your loved one a duty of care
2. Breach of Duty: The defendant breached that duty through negligence or wrongful conduct
3. Causation: The breach directly caused your loved one's death
4. Damages: The death resulted in measurable losses to survivors

Our experienced attorneys conduct thorough investigations, consult with experts, and gather compelling evidence to establish liability and maximize your compensation.

The Wrongful Death Claims Process

Understanding what to expect can help during this difficult time:

1. Free Consultation

We meet with your family to discuss the circumstances, answer questions, and explain your legal rights with compassion and respect.

2. Investigation

Our team thoroughly investigates the incident, gathering police reports, medical records, witness statements, and expert opinions.

3. Filing the Claim

We file the wrongful death lawsuit on behalf of the estate and beneficiaries within Pennsylvania's statute of limitations.

4. Discovery

Both sides exchange information and evidence through depositions, interrogatories, and document requests.

5. Negotiation

We negotiate with the defendant's insurance company and legal team to reach a fair settlement.

6. Trial

If settlement negotiations fail, we're prepared to present your case before a jury and fight for the justice your family deserves.

Pennsylvania Wrongful Death Law

Important legal considerations in Pennsylvania wrongful death cases:

• Statute of Limitations: Generally two years from the date of death to file a wrongful death claim
• No Caps on Damages: Pennsylvania doesn't limit wrongful death damages
• Distribution of Recovery: Damages are distributed according to Pennsylvania's intestacy laws
• Workers' Compensation: Work-related deaths may involve both workers' comp and wrongful death claims

Wrongful Death vs. Survival Action

Pennsylvania recognizes two related but distinct claims:

Wrongful Death Claim

Compensates surviving family members for their losses - loss of support, companionship, and guidance. These damages belong to the family members.

Survival Action

Compensates the deceased's estate for losses the deceased would have been entitled to if they had survived - pain and suffering, medical bills, lost wages. These damages become part of the estate.

Both claims can be pursued simultaneously, and our attorneys ensure all available compensation is recovered.

Types of Wrongful Death Cases We Handle

Fatal Car Accidents

When negligent driving causes death, we hold at-fault drivers and parties accountable for devastating losses to families.

Truck Accident Deaths

Commercial truck crashes often involve multiple liable parties including drivers, trucking companies, and manufacturers.

Medical Malpractice Deaths

Healthcare providers who cause death through substandard care must be held accountable for their fatal errors.

Workplace Fatalities

Construction accidents, industrial incidents, and other workplace deaths may involve both workers' comp and wrongful death claims.

Defective Product Deaths

Manufacturers and sellers of dangerous products bear responsibility when their products cause fatal injuries.

Criminal Act Deaths

Families can pursue civil wrongful death claims even when criminal charges are filed against the perpetrator.

How Our Wrongful Death Lawyers Help

During this difficult time, our attorneys provide:

• Compassionate Guidance: We handle legal complexities while you focus on grieving and healing
• Thorough Investigation: We uncover all facts and evidence to build the strongest case
• Expert Resources: We work with medical experts, economists, and investigators
• Aggressive Advocacy: We fight tirelessly for maximum compensation
• Full Accountability: We hold all responsible parties liable for their actions
• No Upfront Costs: We work on contingency - no fees unless we win

What Families Should Do

After losing a loved one due to negligence:

1. Preserve evidence - keep all documents, photos, and records
2. Report the incident - ensure proper authorities are notified
3. Avoid statements - don't give recorded statements to insurance companies
4. Don't accept quick settlements - initial offers rarely reflect true value
5. Keep records - document all expenses and financial impacts
6. Consult an attorney - get legal guidance before making decisions

Frequently Asked Questions

How long do I have to file a wrongful death claim?

Pennsylvania's statute of limitations for wrongful death is generally two years from the date of death. It's important to consult with an attorney promptly to protect your rights.

Who receives compensation from a wrongful death settlement?

Damages are distributed to surviving family members according to Pennsylvania's intestacy laws, typically prioritizing spouses, children, and parents.

Can I file a wrongful death claim if criminal charges are pending?

Yes. Civil wrongful death claims are separate from criminal proceedings and have a lower burden of proof.

What if my loved one was partially at fault?

Pennsylvania's comparative negligence law allows recovery if the deceased was less than 51% at fault, though compensation is reduced proportionally.

Contact Our Wrongful Death Attorneys

No family should have to navigate the aftermath of a wrongful death alone. While we cannot undo what happened, we can help your family seek justice and financial security for the future.

Contact Georgelis, Larsen & Sabatino Injury Law Firm, P.C. today for a compassionate, confidential consultation. Call 717-394-3004 or email info@georgelislaw.com. We're available 24/7, and there's no fee unless we recover compensation for your family.