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Helping Families Cope
Losing a loved one is never easy. The hardest part of our job is hearing the stories of good families who have lost someone. When a child loses a parent. When a parent loses a child. These stories never leave us. Our clients remain in our thoughts and prayers long after their cases end.
No amount of money is fair when a tragedy happens. By obtaining the highest recovery possible, we try to accomplish two things:
- Make life going forward financially easier. Money will not change the loss, but it can make life more bearable.
- Help make sure it does not happen again. Holding someone accountable for carelessness or recklessness protects the next family.
Two Different Claims: Wrongful Death and Survival
When someone dies because of another person’s negligence, Pennsylvania law usually allows two separate claims. The person who died is called the decedent.
The wrongful death action compensates certain family members, the spouse, children and parents, for their own losses. It can include funeral and medical expenses and the value of the financial support, services, guidance and companionship the decedent would have provided. These recoveries:
- Are distributed to the family under Pennsylvania’s intestacy rules, the same way property passes when there is no will, regardless of what the will says
- Are generally not subject to inheritance tax
- Are not used to pay the decedent’s debts
Because the money is shared by law, children, a spouse and parents may all have a claim regardless of their relationship with the decedent. The lawyer must give notice to all potential beneficiaries when the claim is filed.
The survival action belongs to the decedent’s estate. It recovers what the decedent could have recovered had he or she lived, including conscious pain and suffering before death and lost earning capacity. The example taught in law school is a person who is badly hurt and suffers for a period of time before passing. Survival damages pass under the will (or intestacy) and may be subject to estate and inheritance taxes.
Who Can File
Both claims are filed by the personal representative of the estate, usually the executor or administrator, on behalf of the family and the estate. If no one has been appointed, we help the family open the estate. If the personal representative does not file within six months of the death, a family member entitled to recover may bring the wrongful death claim. Medicare and Medicaid liens may still need to be repaid from a recovery.
Common Causes of Wrongful Death Cases
- Medical malpractice
- Car accidents
- Truck accidents
- Drunk driving crashes
- Nursing home neglect
- Birth injuries
Pennsylvania Rules You Should Know
- Deadlines are short. A wrongful death claim generally must be filed within two years of the death. A survival claim can run from the date of the injury instead, which may be earlier. Claims against a government agency require written notice within six months, and immunity laws limit some claims. Do not wait.
- Shared fault. A family can still recover if the decedent was 50% or less at fault. The award is reduced by that share.
- Malpractice deaths also require a Certificate of Merit and medical experts.
Talk to an Injury Lawyer
Every case starts with a conversation with a lawyer. We will tell you honestly whether you have a case and what it may be worth. Our injury cases are handled by Noah Fardo and Bill Rogel, working with Shawn Flaherty.
Call 412-802-6666 or email Managing Partner Noah Fardo at npf@pghfirm.com. Prefer to text? Use 412-855-5511. More answers: Personal Injury FAQ.
There is no fee unless we obtain a monetary recovery. We advance the case costs and are reimbursed from the client’s share only if we are successful. General information only, not legal advice. Past results do not guarantee a similar outcome.











