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- About Us
- Areas We Serve
- Practice Areas
- Resources
- Contact Us
The death of a loved one always brings sorrow. If your family member died due to another person’s negligent or wrongful act, the inescapable feeling of “if only” may stay with you for years. Please accept our condolences for your loss as you and your family navigate these unfamiliar waters.
Our personal injury lawyers will guide you through the legal process. Receiving compensation won’t change what’s happened, but it can help ease the financial burden from this unexpected event and allow your family the space to grieve. Schedule your free case consultation today. Berger and Green has more than 40 years of experience serving the legal needs of Pennsylvanians, and our wrongful death attorneys are here to serve you.
Drawing from the tens of thousands of personal injury and wrongful death cases we’ve handled at Berger and Green, the depth of knowledge we provide as a personal injury law firm is significant. We will use that experience to fight for the justice you and your family deserve and make the legal process as easy as possible for you.
We will ensure that communication between our legal team and you, our client, is open and flowing smoothly. Keeping you informed about your case’s status and answering your questions is important to your peace of mind and the efficiency of our work.
We want to hear your story. If you can’t meet us in our office, we will come to your home and handle your case from wherever you are. As our client, you will always come first.
In Pennsylvania, the surviving parents, children, or spouse may bring a wrongful death action, or lawsuit, are the only people who can be beneficiaries for losses suffered due to a loved one’s death.
Compensable wrongful death damages may include:
If no surviving family members are eligible to recover compensation, a personal representative of the deceased may file a wrongful death lawsuit seeking to recover damages for medical, funeral, and administrative costs on behalf of the decedent’s estate, per 42 Pa. C.S. § 8301.
A wrongful death may fall under multiple laws, depending on the circumstances of the incident. Contact Berger and Green today. A wrongful death attorney from our team can explain your legal rights.
Before filing a wrongful death lawsuit, you and your personal injury attorney must gather evidence to prove an individual or entity acted in a wrongful, negligent, or unlawful way, resulting in your loved one’s death. We must also prove that you suffered losses due to your loved one’s death.
Wrongful death claims can result from many different accidents or events, including:
The elements in a wrongful death suit are similar to those in a personal injury lawsuit:
You may file a wrongful death lawsuit within two years of your loved one’s passing, per Pa. C.S.A. § 5524. This is the amount of time Pennsylvania allows you to begin a legal action against the defendant. If you don’t meet the deadline, the court may not allow you to seek a compensation verdict or judgment.
There are exceptions to the statute of limitations. Our wrongful death attorneys will examine your case to determine whether any exceptions apply.
A survival action is separate from a wrongful death lawsuit. The personal representative of the decedent’s estate may bring a lawsuit to recover financial compensation for damages the decedent could have recovered in a personal injury lawsuit if they had lived. Such losses may include the decedent’s following:
The damages recovered from a survival action would go to the decedent’s estate and be distributed to their beneficiaries.
Your wrongful death lawyer will investigate your loved one’s death to determine if it meets the legal definition of a wrongful death. Our investigation may include:
Once we have collected the evidence supporting a wrongful death claim and identified the at-fault party, we will file a claim with their insurance company, if appropriate, and negotiate for a fair compensation settlement on your behalf.
If we believe it will be to your benefit, we will file a wrongful death lawsuit. While most cases settle out of court, we are not afraid to take your case to trial if necessary.
These are broad statements addressing how we may handle a wrongful death case. The actions we take on your behalf will be specific to your unique needs and best interests.
Call our office or fill out our contact form to schedule your free, confidential case consultation. Wrongful death laws in Pennsylvania are complicated. Our legal team at Berger and Green is skilled in cutting through the noise to isolate the laws that affect your case. We care about you and your family, and we’ll be there for you during this difficult time as soon as you’re ready to reach out.