Wrongful Death Attorney in Philadelphia
Losing a family member in a fatal accident can leave a family facing deep grief along with sudden financial uncertainty. If someone’s death was caused by another person’s negligence or intentional misconduct, Pennsylvania law gives surviving family members a way to seek financial compensation from those responsible. An experienced wrongful death attorney in Philadelphia can help your family determine what happened, identify who may be legally responsible, and pursue compensation for the losses that follow.
At The Boles Firm, every wrongful death case receives personal attention from the start. Founder Gregory Boles personally handles each client intake and reviews the available records rather than sending families through call centers or handing their cases to case screeners and virtual assistants. Greg began his legal career in insurance defense, giving him firsthand knowledge of how insurance adjusters and defense attorneys assess claims, manage their exposure, and look for ways to limit settlement amounts. He puts that experience to work when building well-supported claims designed to seek the compensation your family deserves.
Call The Boles Firm today for a direct, confidential case review. You will speak directly with attorney Gregory Boles about what happened, how the law applies to your family, and what steps come next. We handle every fatal accident case on a contingency fee basis. So, you pay zero out-of-pocket costs and no attorney fees unless we recover compensation for your family.
Understanding Pennsylvania Wrongful Death and Survival Actions
Pennsylvania law treats the losses suffered by surviving family members separately from the losses the deceased person experienced before death. For that reason, pursuing full compensation may require two related claims under different state laws: a wrongful death claim and a survival action.
The Pennsylvania Wrongful Death Act allows certain family members to seek compensation for the financial and personal losses resulting from their loved one’s death. These damages are intended to address the support, income, and relationship the family lost, including:
- Funeral expenses, burial costs, and necessary medical expenses incurred before death
- Loss of financial support and future income the deceased person would have contributed to the family
- Loss of household services, including childcare, home maintenance, and family guidance
- Loss of companionship, comfort, society, and marital consortium
The Pennsylvania Survival Act serves a different purpose. It allows the deceased person’s personal representative to pursue the injury claims the person could have brought if they had survived. Any damages recovered through a survival action become part of the decedent’s estate and are distributed according to the person’s will or Pennsylvania’s intestacy laws. These damages may include:
- Conscious pain and suffering endured by the deceased person between the time of the fatal injury and death.
- Medical bills incurred while medical providers attempted life-saving treatment.
- Lost earning capacity and net earnings from the time of the fatal incident through the end of their projected working life.
Who Can File a Wrongful Death Lawsuit in Pennsylvania?
Pennsylvania maintains strict statutory rules governing who holds legal standing to file a wrongful death lawsuit. Under Rule 2202 of the Pennsylvania Rules of Civil Procedure, the named personal representative of the deceased person's estate maintains the exclusive right to file the wrongful death action during the first six months following the death.
If the personal representative does not file the wrongful death lawsuit within the first six months, a statutory beneficiary who is entitled to damages may bring the claim as a trustee ad litem for all eligible family members. Pennsylvania law limits wrongful death damages to the deceased person’s surviving spouse, children, and parents. If the deceased leaves none of these relatives, the personal representative may still pursue compensation for reasonable hospital, nursing, medical, and funeral expenses.
When damages are recovered under the Wrongful Death Act, state law specifies that the proceeds are distributed among eligible beneficiaries in the proportions established by the Pennsylvania Probate, Estates and Fiduciaries Code. Wrongful death compensation passes directly to these statutory beneficiaries free from the claims of estate creditors.
Common Causes of Fatal Accidents in Philadelphia
Fatal injuries occur across numerous commercial, transit, and industrial settings throughout Philadelphia. Establishing liability requires securing physical evidence, pulling official accident reports, and analyzing electronic data before records disappear.
Motor Vehicle Accidents
High-density corridors like Interstate 95, Interstate 76 (the Schuylkill Expressway), and Roosevelt Boulevard record significant numbers of serious motor vehicle accidents each year. When commercial truck drivers violate federal safety rules or speeding motorists cause fatal collisions, we gather vehicle black-box data, dashcam footage, and roadway surveillance. Fatal incidents involving drunk driving or reckless driving often prompt parallel criminal proceedings, but civil wrongful death claims proceed independently to secure financial support for surviving dependents.
Medical Malpractice
When healthcare facilities or medical professionals fail to adhere to recognized standards of care, the result can be a preventable death. Fatal medical malpractice cases often involve surgical errors, emergency room misdiagnoses, delayed cancer detection, medication overdoses, or labor and delivery complications. In Pennsylvania, our law firm works alongside qualified independent medical professionals to review medical records and secure the mandatory Certificate of Merit required under Pennsylvania Civil Procedural Rules.
Workplace and Industrial Incidents
Philadelphia ports, construction sites, rail yards, and manufacturing facilities expose workers to heavy machinery, structural collapse hazards, and toxic substances. While workers' compensation provides statutory death benefits to surviving dependents, third-party personal injury claims arise when outside contractors, property owners, or equipment manufacturers share responsibility for the fatal incident.
Unsafe Premises and Criminal Acts
Property owners and commercial property managers must maintain reasonably safe environments for visitors and tenants. Inadequate security, poorly lit parking facilities, broken stairwells, and unmitigated structural hazards can lead to fatal falls or violent criminal acts. When property management ignores known dangers, surviving family members can hold property owners accountable under premises liability law.
Pennsylvania Statute of Limitations for Wrongful Death Claims
Pennsylvania strictly enforces time limits for filing civil lawsuits. In Pennsylvania, a wrongful death action must be commenced within two years from the date of the decedent's death.
Survival actions must also be filed within two years, but the statutory clock generally starts on the date the fatal injury occurred rather than the date of passing. If a government agency or municipal entity, such as the City of Philadelphia or SEPTA, is named as a defendant, the state's wrongful death law mandates that formal written notice of the claim must be served within six months of the incident. Missing these statutory deadlines will result in the court dismissing the claim, permanently barring your family from financial recovery.
How The Boles Firm Builds a Wrongful Death Case
Building a successful wrongful death claim requires methodical investigation and clear presentation of liability and financial loss. We handle each phase with care, allowing you to focus on your family while we manage the legal demands.
- Direct Case Intake: You consult directly with Gregory Boles from your initial call. We review the timeline, identify key witnesses, and assess potential legal avenues.
- Evidence Preservation: We immediately issue formal spoliation letters to secure surveillance tapes, vehicle maintenance records, cell phone logs, and incident reports.
- Financial and Economic Modeling: We work with forensic economists to calculate the precise present value of lost lifetime income, retirement contributions, and household services.
- Negotiation and Litigation in Court: We present a detailed settlement demand package to the insurance companies. If the insurance carriers refuse to provide fair compensation, we file suit in the Philadelphia Court of Common Pleas and prepare the matter for trial.
The Advantage of Direct Attorney Representation
Many large personal injury advertising firms operate as case mills, routing incoming calls through junior associates or outsourced intake staff. At The Boles Firm, we reject that model. When you contact our office, you work directly with founder Gregory Boles.
With more than three decades of legal practice, Greg brings deep familiarity with Philadelphia court procedures, local judges, and opposing defense counsel. His foundational background in insurance defense provides an invaluable strategic lens. We understand the specific financial formulas and internal settlement authorities that insurers use to minimize liability. We counter those tactics by building comprehensive, trial-ready case files that leave no room for unsupported defense arguments.
Contact a Philadelphia Wrongful Death Attorney Today
When a sudden fatal accident takes someone you love, you need straight answers, practical legal advice, and a dedicated advocate. We are here to lighten your load, handle communications with insurance adjusters, and pursue the full financial compensation Pennsylvania law provides for your family.
Contact The Boles Firm at 215-398-4514 or submit our online contact form to schedule your free consultation. You will speak directly with our Philadelphia wrongful death lawyer, Gregory Boles, about your wrongful death claim, with no obligation and no legal fees unless we win your case.
