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Philadelphia Wrongful Death Lawyers
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Published: 11 Nov 2026 • 27 min read
If negligence caused your loved one's death in Philadelphia, Pennsylvania law lets the family bring a wrongful death claim and a survival action. Both generally must be filed within two years of the death.
What to do now:
- Keep every record. Save the death certificate, medical or police reports, bills and insurance letters.
- Hold off on statements. You can decline another party's adjuster until you have had legal advice.
- Mark the deadline. Most claims must be filed within 2 years of the date of death.
Charles Gilman co-founded Gilman & Bedigian, which has an office on Market Street in Center City. He helps grieving families learn what went wrong and hold the people responsible to account. His case results include the firm's $182 million birth injury verdict against the University of Pennsylvania (Hagans v. Hospital of the University of Pennsylvania). No fee unless we win.
Call (800) 529-6162 for a free consultation.
Key Takeaways
- In Pennsylvania, wrongful death and survival lawsuits generally must be filed within 2 years of the death. In medical malpractice cases, more time is allowed only if the cause of death was misrepresented or concealed.
- The estate's personal representative files the case. If no one files within 6 months of the death, any beneficiary may sue on behalf of all of them.
- Wrongful death money goes to the spouse, children or parents. It is shared as under Pennsylvania's inheritance rules and is free of the estate's creditors.
- Pennsylvania's comparative negligence rule bars recovery only if the person's share of fault was greater than the defendants' combined share. Otherwise, damages are reduced by that share.
- A wrongful death claim compensates the family's losses. A survival action carries the claim your loved one could have brought had they lived.
How Long Do You Have to File a Wrongful Death Claim in Pennsylvania?
In Pennsylvania, a wrongful death or survival lawsuit generally must be filed within two years of the date of death under 42 Pa. C.S. § 5524(2). In medical malpractice cases, the Pennsylvania Supreme Court has held that both claims run from the date of death (Dubose v. Quinlan, 173 A.3d 634 (Pa. 2017)). In other cases, the survival claim's two years can start on the date of the injury, so if your loved one died some time after being hurt, that deadline may come sooner. In medical malpractice cases, 40 P.S. § 1303.513(d) allows more time only when the cause of death was misrepresented or concealed.
Two years can sound like plenty of time. For a family planning a funeral, settling an estate and getting through each day, it is not.
What this claim decides for your family
A wrongful death case is about more than a settlement figure. It can decide whether a surviving spouse can keep the house. It can decide whether children have the support a parent would have provided. It can also answer the question many families care about most: what actually happened, and who is responsible.
That last part matters. A lawsuit gives the family legal tools to obtain records, question witnesses under oath and put the facts in front of a jury.
What waiting can cost
The deadline is only one risk. Several other things move on their own clock:
- The six-month mark. The personal representative of the estate is the person who files. If no one files within 6 months of the death, any beneficiary may bring the case for all of them under Pa.R.C.P. 2202. Families do better when they decide early who will lead.
- Medical review takes time. In a hospital or nursing home death, qualified medical experts must review the chart before anyone can say whether the care fell below accepted standards. That review cannot be rushed in the last few weeks before a deadline.
- Evidence disappears. Surveillance video can be recorded over. Vehicles get repaired or scrapped. Phone and vehicle data can be lost, and witnesses move away or forget details.
- Public defendants raise extra questions. If a city agency, SEPTA, a state department or a public hospital may share responsibility, tell your lawyer right away. That way the rules that apply to government defendants, including a written notice that is generally due within six months (42 Pa. C.S. § 5522) and limits on damages, can be checked early.
Waiting rarely helps a wrongful death claim, and the two-year limit under § 5524(2) can end the family's right to sue even when the facts are strong. If you are not sure when the deadline falls, start with the date on the death certificate and bring it to your first conversation with a lawyer.
How Our Philadelphia Team Builds a Wrongful Death Case
Our approach is to treat every wrongful death case as if it will be tried before a jury. Preparing that way is how we test the evidence, value the losses and decide with the family whether a settlement offer is fair. Here is how the work unfolds, step by step.
The first conversations
- We listen first. We want to hear who your loved one was, what happened, and what you have been told by the hospital, the police or an insurer.
- We map the deadline and the family. We confirm the date of death, the two-year deadline, and who the beneficiaries are under Pennsylvania law.
- We sort out the estate. Someone must serve as personal representative. If an estate has not been opened, we explain how that works and what documents you will need.
Investigation and evidence
- We send preservation demands. We ask hospitals, nursing homes, trucking companies, property owners and others to keep records, video, devices and vehicles.
- We gather the full record. That can include medical charts, autopsy findings, police crash reports, 911 recordings, maintenance logs and employment records.
- We get independent expert review. Charles Gilman has given lectures on the use of expert witnesses at trial, at the request of his peers. Expert testimony often decides whether a death was preventable, so we bring in qualified specialists early rather than at the end.
Accountability and value
- We identify every responsible party. A death can involve a driver and an employer, or a hospital and a staffing company. Under Pennsylvania's Fair Share Act, each defendant's share of fault affects how much that defendant must pay. That makes identifying every party important.
- We value both claims. The wrongful death claim and the survival action measure different losses. We document each one separately, with help from qualified experts where appropriate.
- We prepare for trial. Gilman & Bedigian was co-founded by Charles Gilman and H. Briggs Bedigian in October of 2012. Briggs has tried more than 70 cases to verdict, including the $182 million Hagans verdict, the largest medical malpractice verdict in Pennsylvania history. Some of our attorneys also worked at defense firms before joining us, representing a hospital system, corporations and insurance companies. That gives our team a working view of how the defense evaluates a death claim.
Your decision, with full information
- You decide. If a settlement offer comes, we explain what it covers, what it leaves out and what trial would involve. The choice belongs to the family.
Key insight: A wrongful death case is two claims in one lawsuit. A family that only thinks about its own losses may overlook the survival action, which can carry your loved one's own pain and lost earnings.
You do not have to have every document in hand before you call. Call (800) 529-6162, any hour, and tell us what happened. We will explain which records matter and how the deadline applies to your family.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
Under Pennsylvania law, a wrongful death action under 42 Pa. C.S. § 8301 compensates the surviving family for its own losses, while a survival action under 42 Pa. C.S. § 8302 carries forward the claim the person who died could have brought had they lived. Both generally must be filed within two years of the death. Families usually pursue them together in a single lawsuit.
A survival action is the legal claim that "survives" a person's death. It belongs to the estate and seeks the losses the person suffered, as if they were still alive to sue.
A wrongful death action is a separate claim created by statute. It compensates certain relatives for what the death took from them.
The distinction is not technical trivia. It decides who receives the money and what losses can be counted. We cover it in more depth in our article on the difference between a wrongful death claim and a survival claim in Pennsylvania.
Side-by-side comparison
| Feature | Wrongful Death Action | Survival Action |
|---|---|---|
| Pennsylvania statute | 42 Pa. C.S. § 8301 | 42 Pa. C.S. § 8302 |
| Whose losses it covers | The surviving spouse, children or parents | The person who died, through the estate |
| Who files | The personal representative; any beneficiary as trustee ad litem if no one files within 6 months (Pa.R.C.P. 2202) | The personal representative of the estate |
| Filing deadline | Generally 2 years from death (42 Pa. C.S. § 5524(2)) | Generally 2 years from death in medical malpractice cases; in other cases it can run from the injury (42 Pa. C.S. § 5524(2)) |
| Where the money goes | To the spouse, children or parents, shared as under intestacy and free of the estate's creditors | Into the estate, which passes it on under the will or Pennsylvania's inheritance rules |
| Examples of losses | Medical, funeral and estate administration expenses; the family's loss of support | Your loved one's own losses, such as pain before death and lost earnings |
Why the distinction changes real outcomes
Picture two families after similar crashes. In the first, a father lived for several weeks in the ICU before he died. In the second, a father died at the scene. Both families have wrongful death claims. The first family's survival action may also include what their father went through during those weeks. Which losses apply depends on the facts, which is why we examine the medical timeline closely.
Questions about survival actions vs. wrongful death claims often come up when a will names someone other than the closest relatives. The two claims can send money to different people, so it helps to understand both before anyone signs anything.
Who Can File a Wrongful Death Claim in Pennsylvania?
In Pennsylvania, the personal representative of the estate files the wrongful death action for the benefit of the surviving spouse, children or parents. If no action is filed within six months of the death, any of those beneficiaries may file on behalf of all of them (42 Pa. C.S. § 8301; Pa.R.C.P. 2202). The money belongs to the family members, not to the person who signs the court papers.
The question of who can file a wrongful death claim is usually the first one families ask. The answer has two parts: who brings the case, and who benefits from it.
Who brings the case
A personal representative is the person legally authorized to act for the estate. Usually this is an executor named in the will, or an administrator appointed when there is no will. In Philadelphia, estates are typically opened through the Register of Wills.
A trustee ad litem is a beneficiary who steps in to file the case for the whole family when the personal representative has not acted. Under Pa.R.C.P. 2202, that option opens if no action has been filed within 6 months of the death.
Who benefits
Under 42 Pa. C.S. § 8301, the wrongful death recovery goes to the decedent's:
- Spouse
- Children
- Parents
The money is divided in the shares those relatives would receive under intestacy. Intestacy is Pennsylvania's set of default inheritance rules for people who die without a will. A will does not change how wrongful death money is shared.
Because wrongful death proceeds are free of the estate's creditors, debts your loved one left behind generally cannot be paid out of the family's wrongful death recovery. That protection does not extend the same way to the survival action, which passes through the estate.
Situations that need a closer look
Some families do not fit the usual pattern. A blended family may include a spouse and children from an earlier relationship. Parents may be separated. Relatives may disagree about who should serve as personal representative. If your loved one left no spouse, children or parents, talk with a lawyer about how the claims proceed, because the answer changes.
Can a sibling or grandparent bring a wrongful death claim? Siblings and grandparents are not among the beneficiaries § 8301 lists. A sibling or other relative may still serve as personal representative and file the case for the estate and any eligible family members.
What Damages Can a Family Recover in a Philadelphia Wrongful Death Case?
Under 42 Pa. C.S. § 8301, Pennsylvania wrongful death damages include medical, funeral and estate administration expenses, along with the family's own losses from the death. The survival action under § 8302 adds the losses the person who died suffered. Pennsylvania does not reduce these claims to a formula. Every family's losses are measured on their own facts.
No amount of money replaces a person. The law uses money because it is the only remedy a civil court can award. It is also the way a civil case makes a negligent party answer for what it did.
Wrongful death and survival damages at a glance
| Category | Which Claim | What It Covers | How It Is Proven |
|---|---|---|---|
| Medical expenses | Wrongful death (§ 8301) | Hospital, ambulance and treatment costs before death | Itemized bills and medical records |
| Funeral and burial | Wrongful death (§ 8301) | Funeral service, burial or cremation costs | Funeral home invoices and receipts |
| Estate administration | Wrongful death (§ 8301) | Costs of opening and administering the estate | Register of Wills filings and invoices |
| Loss of support and services | Wrongful death (§ 8301) | Financial support, care, household help, companionship and guidance the family lost | Pay records, tax returns, family testimony and expert analysis |
| Pain and suffering before death | Survival (§ 8302) | What your loved one experienced between injury and death | Medical timeline, witness accounts and expert testimony |
| Lost earnings | Survival (§ 8302) | Income your loved one would have earned, minus what they would have spent on their own living expenses | Employment history and economic expert analysis |
Why proof matters more than categories
Listing a category does not win it. A claim for lost support needs real evidence: pay stubs, tax returns, and testimony about what the person did for the family every week. A claim for pain before death needs a medical timeline showing what the person experienced. We build those records carefully, because the defense will challenge each one.
In cases involving especially serious misconduct, the analysis can go further. Punitive damages are not available on the wrongful death claim itself, but they may be sought through the survival action, and a Pennsylvania court has, for example, allowed a family to pursue them in a nursing home death case alleging falsified records. In medical cases, the MCARE Act (40 P.S. § 1303.505) adds its own limits. Whether they are available depends heavily on the specific facts.
Liens and reimbursement
Health insurers, Medicare and Medicaid may have reimbursement rights to part of a recovery for medical costs they paid. These claims must be identified and resolved before money is distributed. Topics like wrongful death damages & estate distribution can feel overwhelming, so we explain each step before anyone signs a release.
What is the average wrongful death settlement in Philadelphia? There is no reliable "average" that predicts your family's case. Value depends on the facts of the death, the strength of the liability evidence, the losses that can be documented, available insurance and shared-fault arguments. Anyone who quotes a number before reviewing those facts is guessing.
What Happens If Your Loved One Was Partly at Fault?
Pennsylvania follows modified comparative negligence under 42 Pa. C.S. § 7102: a claim can recover only if the person's negligence was not greater than the combined negligence of the defendants, and damages are reduced by that person's share of fault. If your loved one is found more at fault than all defendants combined (51% or more), the claim recovers nothing.
Insurers know this rule well. One of the first defense moves in many fatal cases is to shift blame onto the person who can no longer explain what happened.
How the math works
Consider a hypothetical. A jury finds a pedestrian 20% at fault and a speeding driver 80% at fault. Under § 7102, the family's damages are reduced by 20%. If the jury instead found the pedestrian 55% at fault, the claim would be barred.
That is why accident reconstruction, video and witness statements matter so much. A careful investigation can answer a blame-shifting story with evidence.
The Fair Share Act and multiple defendants
Several liability means each defendant pays only its own share of the damages. Pennsylvania's Fair Share Act, part of § 7102, makes liability several in most cases. A defendant can be made responsible for the full award (joint and several liability) only if it is found 60% or more at fault, or in a few situations the statute lists, such as intentional torts, intentional misrepresentation, hazardous substance releases and dram shop (liquor liability) claims.
Under the Fair Share Act, a defendant found less than 60% at fault generally pays only its own share, so if one responsible party has little or no insurance, the others usually do not cover its share. That makes naming every defendant who contributed to the death critical. This is one reason we investigate employers, property owners, staffing companies and manufacturers, not just the most obvious defendant.
What families should not assume
Many families assume that a police report blaming their loved one ends the case. It does not. Police reports are written quickly, often before video is reviewed or experts examine the scene. A report is one piece of evidence, not a verdict.
Which Fatal Incidents Lead to Wrongful Death Claims in Philadelphia?
In Pennsylvania, a wrongful death claim can arise from any death caused by another party's negligence or wrongful act, including medical errors, vehicle crashes, nursing home neglect, unsafe property and defective products. The same two-year deadline generally applies, though medical malpractice cases have a narrow concealment exception. Below are the situations we see families ask about most, and the issues each raises.
Medical errors in hospitals and clinics
Philadelphia is home to some of the country's best-known hospitals, including the Hospital of the University of Pennsylvania, Thomas Jefferson University Hospital, Temple University Hospital and Jefferson Einstein Philadelphia Hospital. Excellent institutions still make preventable mistakes. Those include missed diagnoses, medication errors, surgical injuries and failures to respond to warning signs.
Federal patient-safety research from AHRQ focuses on exactly these preventable harms. A death after medical care raises its own issues. Experts must review the chart, and the MCARE Act's concealment rule (40 P.S. § 1303.513(d)) can matter if the cause of death was hidden or misstated. We have written about medical malpractice at Pennsylvania Hospital in Philadelphia, and Charles Gilman's practice focuses on medical malpractice cases like these.
When a baby dies during or shortly after birth, the medical and legal issues are distinct. Those cases, including infant wrongful death claims, are handled by our Pennsylvania birth injury lawyers.
Car, truck, motorcycle and pedestrian crashes
Fatal crashes remain a leading cause of sudden death. According to NHTSA crash data, 40,901 people died in motor vehicle crashes in the United States in 2023 (NHTSA, 2023). A collision on I-95, the Schuylkill Expressway or Roosevelt Boulevard can involve a single driver, a commercial truck, a ride-share vehicle or a public bus.
Fatal crash cases often turn on vehicle data, video and the at-fault driver's insurance coverage. Some also involve parties beyond the driver, such as a bar that over-served a visibly intoxicated patron. For one example, see a Pennsylvania wrongful death case against a lodge after a drunk-driving crash. For how non-economic losses are argued in crash cases, see our discussion of pain and suffering damages after a Philadelphia car accident.
Roadway defects sometimes play a role as well. One family brought a wrongful death suit against the Pennsylvania Department of Transportation. Cases against public agencies raise their own procedural questions that should be checked early.
Nursing home and assisted living neglect
Falls, untreated infections, dehydration, pressure injuries and medication errors can be fatal for frail residents. Charles Gilman's practice includes nursing home negligence and abuse. Families sometimes learn of serious problems only after a death, when they finally see the chart.
We have covered a settlement in a wrongful death case involving a Philadelphia nursing home. Admission paperwork may also contain arbitration clauses. Pennsylvania courts have addressed how arbitration affects a wrongful death case, so bring every document the facility had your family sign.
Unsafe property, drownings and defective products
Property owners and occupiers generally owe visitors a duty of care that depends on why the visitor was there. Deaths from falls, poor security, fires and pool accidents can lead to slip and fall & premises liability claims. Our firm won a $4,000,000 verdict in Freed v. D.R.D. Pool Services, a Maryland wrongful death case arising from a drowning.
Defective products can also kill, from faulty vehicle parts to dangerous consumer goods. In these cases, the evidence is often the product itself. Preserving it unaltered is essential.
Workplace deaths
A fatal workplace incident may involve parties other than the employer, such as an equipment manufacturer, a general contractor or a property owner. Federal OSHA inspections can produce useful records, but they do not decide civil liability. We look at every party connected to the site and the equipment.
Before we discuss value, we ask how it happened, because the cause of death determines who can be held responsible, what evidence matters and which rules apply.
Proven Results: What Has Our Trial Work Produced?
Gilman & Bedigian has recovered over $800 million for clients, including verdicts in Philadelphia County and a $4,000,000 wrongful death verdict in a Maryland drowning case. Past results depend on the facts of each case and do not predict the outcome of any future matter. The results below show what our trial preparation has produced in courtrooms.
Selected verdicts
| Case | Case Type | Result | Note |
|---|---|---|---|
| Freed v. D.R.D. Pool Services | Wrongful death (drowning) | $4,000,000 verdict | A Maryland wrongful death case tried to verdict |
| Hagans v. Hospital of the University of Pennsylvania | Birth injury | $182 million verdict | Largest medical malpractice verdict in Pennsylvania history |
| Jefferson Health and Einstein Pediatrics | Birth injury | $108,577,132 verdict | Philadelphia County |
| Martinez v. Johns Hopkins Hospital | Birth injury | $55 million verdict | Second-largest medical malpractice verdict in Maryland history |
What these results do and do not mean
Only the Freed verdict on this list is a wrongful death case. We include the others because they show something families care about: our lawyers prepare complex medical cases for trial and present them to juries in Philadelphia and Maryland.
They do not mean your case will produce a similar figure. Every death is different, and every verdict reflects its own evidence and damages. Our attorneys have been featured on or in The Legal Intelligencer, The Wall Street Journal and other outlets. We would rather you judge us by how clearly we explain your options at the first meeting.
Filing in the Philadelphia Court of Common Pleas: What Local Families Should Know
Most Pennsylvania wrongful death and survival lawsuits are filed in a county Court of Common Pleas, and for cases with the right connection to Philadelphia, that is the Court of Common Pleas of Philadelphia County, part of the First Judicial District. Where a case can be filed depends on venue rules, the defendants and where the events happened. Some cases belong in a neighboring county or in federal court instead.
The courts that may hear your case
- Court of Common Pleas of Philadelphia County. Civil cases are filed and managed through the First Judicial District, with courtrooms at City Hall at Broad and Market Streets and nearby court buildings. Your case notice and assigned program will tell you where hearings take place.
- Court of Common Pleas of Montgomery County. Cases with the right connection to Montgomery County are heard at the courthouse in Norristown. Our Conshohocken office serves families in Montgomery County.
- U.S. District Court for the Eastern District of Pennsylvania. Some cases, such as those involving parties from different states, may be filed in federal court at the James A. Byrne U.S. Courthouse on Market Street. Charles Gilman is admitted to practice in Pennsylvania state and federal courts.
How a Philadelphia case moves
- Opening the estate. The personal representative is appointed, typically through the Register of Wills.
- Filing the complaint. The wrongful death and survival claims are usually filed together.
- Discovery. Both sides exchange records, take depositions and retain experts.
- Settlement discussions or mediation. Talks can happen at many points; the family decides whether to accept any offer.
- Trial. If the case does not resolve, a jury decides liability and damages.
How long a Philadelphia wrongful death case takes depends on the complexity of the facts, the number of defendants, the need for expert testimony and the court's schedule. No honest lawyer can give you a fixed timeline at the start. We keep families informed at each stage so the process never feels like a black box.
Why local presence helps
Our Philadelphia office at 1515 Market Street is a short walk from City Hall. Knowing the local courts, the hospitals and the roads where these cases begin helps us gather evidence and meet deadlines efficiently. If your loved one died in Maryland, different law may apply. Maryland's wrongful death rules are separate from Pennsylvania's, and our Maryland team can explain them.
The Contingency Fee Model: What Does a Philadelphia Wrongful Death Lawyer Cost?
Gilman & Bedigian takes all personal injury cases on a contingency fee basis, which means there is no fee unless we win. You do not pay an hourly rate or an upfront retainer for our legal work. Our fee comes out of a recovery, and it is set out in a written agreement you can review before signing.
Cost is one of the first worries for a grieving family, and it should never be what keeps you from getting answers.
What to ask about fees and expenses
A contingency fee covers the attorneys' work. Cases also involve expenses, such as medical record charges, court filing fees, expert witness fees and deposition transcripts. Ask us how these expenses are handled in your agreement and how they are treated at the end of the case. We will walk you through the terms in plain language.
What we commit to
- We answer our phone 24/7. You can reach us at any hour, including the nights when questions keep you awake.
- We explain before you decide. You will understand each offer, each risk and each option before any decision is made.
- The decisions are yours. Whether to settle or go to trial is the family's choice.
Who you will work with
Charles Gilman is admitted to practice in Pennsylvania state and federal courts. He was named a Super Lawyer from 2015 to 2022, and a Super Lawyers Rising Star from 2009 to 2014. He was also selected for The National Trial Lawyers Top 40 Under 40, and he is a member of the Maryland Association for Justice President's Club. You can read more on Charles Gilman's attorney profile and on Briggs Bedigian's profile.
What to bring to a first meeting
- The death certificate and any autopsy report
- Police, crash or incident reports
- Medical bills, hospital records and funeral invoices
- Insurance letters, claim numbers and any settlement offers
- A will or estate paperwork, if one exists
- Names of witnesses and family members
If you do not have these yet, that is fine. We can help you request them. For more background on the law, see our guide to understanding wrongful death.
The information on this page is for general informational purposes and does not constitute legal advice. Every case is unique, and past results do not guarantee future outcomes. Contact a qualified attorney to discuss your specific situation.
Talk With a Philadelphia Wrongful Death Lawyer About Your Family's Deadline
The two-year deadline under 42 Pa. C.S. § 5524(2) generally runs from the date of death. The six-month mark for the personal representative may come sooner than you expect. Evidence that could explain what happened may be fading now.
You do not need to have everything figured out. You only need to make one call. Gilman & Bedigian serves families in Philadelphia, Philadelphia County, Conshohocken and Montgomery County. We will listen to your story, explain how Pennsylvania law applies and tell you honestly what we see.
Call (800) 529-6162 for a free case review. You pay nothing unless we recover for you.
Frequently Asked Questions
Do I have a wrongful death case in Pennsylvania?
You may have a case if your loved one died because someone else was negligent or acted wrongfully, such as a careless driver, a hospital that missed warning signs, or a property owner who ignored a hazard. Pennsylvania allows both a wrongful death action under 42 Pa. C.S. § 8301 and a survival action under § 8302. Whether a case is strong depends on the evidence of fault and causation, which usually requires investigation and, in medical cases, expert review.
How long do I have to file a wrongful death lawsuit in Pennsylvania?
In Pennsylvania, wrongful death and survival lawsuits generally must be filed within two years of the date of death under 42 Pa. C.S. § 5524(2). In medical malpractice cases, the Pennsylvania Supreme Court held in Dubose v. Quinlan (2017) that both claims run from the date of death. In other cases, the survival claim can run from the date of the injury. In medical malpractice cases, the MCARE Act (40 P.S. § 1303.513(d)) allows more time only when the cause of death was misrepresented or concealed.
Who can file a wrongful death claim in Pennsylvania?
Under Pennsylvania law, the personal representative of the estate files the wrongful death action on behalf of the spouse, children or parents (42 Pa. C.S. § 8301). If no action is filed within six months of the death, any of those beneficiaries may file as trustee ad litem for all of them under Pa.R.C.P. 2202. The recovery is shared as under Pennsylvania's intestacy rules, not according to the will.
How much does a wrongful death attorney cost?
Gilman & Bedigian takes all personal injury cases on a contingency fee basis, so there is no fee unless we win. You do not pay hourly fees or an upfront retainer for our legal work. Case expenses, such as records and expert fees, are separate from the attorneys' fee, so ask how they are handled in your written agreement.
What is my wrongful death case worth?
No one can responsibly value a case before reviewing the facts. In Pennsylvania, value depends on the strength of the liability evidence, the family's documented losses under § 8301, your loved one's own losses under § 8302, available insurance, and any shared-fault arguments. We explain the factors that apply to your case rather than quoting a number that may not hold up.
What if my loved one was partly at fault?
Pennsylvania uses modified comparative negligence under 42 Pa. C.S. § 7102. Your family can still recover if your loved one's negligence was not greater than the defendants' combined negligence, but the damages are reduced by their share of fault. If your loved one is found 51% or more at fault, the claim is barred, so evidence that answers blame-shifting matters.
Should we accept the insurance company's first offer?
Do not accept any offer until you understand what it covers and what you give up by signing. A release usually ends all claims against that party, including the survival action, and it may not account for liens from health insurers, Medicare or Medicaid. A lawyer can compare the offer against the documented losses before the family decides.
How long does a wrongful death case take to settle in Philadelphia?
There is no standard timeline. In Pennsylvania, timing depends on how complex the facts are, how many defendants are involved, whether expert testimony is needed, and the schedule of the court where the case is filed. Some cases resolve before trial, while others go to a jury, and we keep families updated at each stage.
Will our wrongful death case go to trial?
Many cases resolve through settlement, but some go to trial when the parties cannot agree. We prepare every case as if it will be tried, because that preparation lets us assess offers clearly. Whether to settle or try the case is always the family's decision.
Do I need a lawyer for a wrongful death claim?
Pennsylvania does not require you to hire a lawyer, but wrongful death cases involve estate procedures, two separate claims, strict deadlines and often expert testimony. A personal representative usually must be appointed before suing, and the Fair Share Act makes it important to identify every responsible party. Many families find that legal guidance lets them focus on each other instead of paperwork.
What if the person responsible doesn't have insurance?
A lack of insurance does not always end the case. Other parties may share responsibility, such as an employer, a vehicle owner, a property owner or a manufacturer. Insurance policies held by your family or your loved one may also come into play, so bring every policy you can find.
How do we pay funeral and medical bills while the case is pending?
Funeral, medical and estate administration expenses are part of what a Pennsylvania wrongful death claim can recover under 42 Pa. C.S. § 8301. Those costs often come due long before a case resolves, so save every invoice and receipt. Because we work on contingency, you do not pay an upfront fee to start the case.
What happens if a baby died during birth?
Deaths of babies during or shortly after delivery involve distinct medical questions about labor management, fetal monitoring and delivery decisions. Our firm handles those cases through our birth injury practice, which won the $182 million Hagans verdict. The general Pennsylvania deadlines and beneficiary rules still matter, so families should not wait to ask questions.

