Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Sarah Edwards
Sarah Edwards is a seasoned legal writer with more than a decade of experience. Edwards has a deep understanding of advanced legal concepts and a knack for conveying complex topics in simple language. She currently resides in Southern California with her husband and two children.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Reviewed
Adam Ramirez, J.D.
Adam has resided at the intersection of legal and journalism for two decades. An award-winning journalist and legal strategist, he’s covered high-profile trials in Florida.
After law school, Adam and spent two years clerking for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court.
He has been an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
He lived in Colombia and Argentina teaching legal English to attorneys and law students. He is also a Spanish-language subject matter expert.
An avid waterman, he surfs and scuba dives frequently.
Editorial Note: We earn a commission from partner links on Forbes Advisor. Commissions do not affect our editors' opinions or evaluations.
Philadelphia is one of the oldest cities in the country. Like most large and old cities, it has almost every amenity anyone could want, usually with a range of choices.
Having too many options can be a problem. If a loved one is killed in an accident, how do you know which wrongful death lawyers in Philadelphia will treat your case with the attention you and your loved one deserve? This guide helps you narrow down your options and choose the best attorney for your case
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Best Wrongful Death Attorneys in Philadelphia
Filing a Wrongful Death Lawsuit in Pennsylvania
Without a good understanding of the legal system, filing a lawsuit in Pennsylvania is a tricky endeavor. Philadelphia wrongful death lawyers spend years studying their craft, and all of the attorneys on this list have spent over a decade practicing law.
This guide won’t make you an expert on the law overnight. However, it may help you understand Pennsylvania wrongful death laws well enough to make an educated decision when choosing a lawyer.
Pennsylvania Statute of Limitations for Wrongful Death Cases
A statute of limitations is a law that limits how long plaintiffs have to file lawsuits. Those limits are different in every state and often depend on the type of lawsuit being filed.
The statute of limitations for wrongful death cases in Pennsylvania is two years from the date of the death. If a Philadelphia wrongful death lawyer files a lawsuit after those two years have passed, the case will be dismissed in all but the most exceptional of circumstances.
This two-year limit also applies to survival actions. However, the clock for those two years starts on the date that the deceased was injured rather than the date they died.
Pennsylvania Wrongful Death Laws
Pennsylvania’s wrongful death laws are relatively generous to plaintiffs. The following are a few aspects of the laws that all potential plaintiffs should understand before filing a lawsuit.
- Damage caps for punitive damages. While there are no caps for actual damages, Pennsylvania places a cap on punitive damages. You cannot be awarded punitive damages that are more than double the value of any actual damages you receive.
- Who can file? Only specific individuals can file a wrongful death claim. You must be the spouse, child, parent or personal representative of the deceased’s estate to file a lawsuit.
- Tax implications of a wrongful death lawsuit. The compensation from a wrongful death lawsuit is exempt from federal and state income and inheritance taxes.
Wrongful Death Settlement Considerations
Very few wrongful death lawsuits end with a jury verdict. Typically, Philadelphia wrongful death lawyers negotiate a settlement with the liable party’s insurance company. Before negotiating a settlement, an attorney must consider certain factors.
First, the insurance company will not offer more in a settlement than the plaintiff could potentially be awarded in a trial. As previously noted, actual damages (compensation for actual losses) are unlimited, while punitive damages are limited.
This means that attorneys often focus on evidence that proves these losses. In many cases, the plaintiff agrees to less than the maximum potential value in return for getting money quickly and without the risk of losing at trial.
Trials often take at least a year to complete and can easily take several years. Settlements are usually resolved in a fraction of that time, often in just a few months. The advantage of getting money quickly and not having to convince a jury is often worth settling for less than a maximum award.
In most cases, a Philadelphia wrongful death lawyer will take anywhere from 25% to 33% of the settlement as compensation. But that is the only cost that plaintiffs should face. State and federal laws treat settlements like jury awards, which means they are tax-free.
How Can an Attorney Help You?
A wrongful death lawyer can be a big help after the death of a loved one. They understand the law and, more importantly, court procedures.
The first thing most attorneys do is investigate the circumstances of the death. When a potential beneficiary doesn’t have a lawyer, the only parties that investigate the death are insurance companies, which are motivated to pay as little money as possible.
Your attorney will seek to uncover as much evidence as possible to prove your claim. This limits the ability of insurance companies to deny or undervalue your claim.
Another value you get from being represented by a Philadelphia wrongful death lawyer is their knowledge of court procedures. Civil litigation involves a lot of paperwork. From the moment you file a lawsuit with the court, you will need to file motions, respond to defense motions and keep the court informed.
Missing even a single deadline can result in your case being summarily dismissed. Smaller mistakes don’t generally result in dismissal, but they can cost you time and lower the value of an eventual settlement or jury award. Experienced attorneys stay on top of all this in ways that plaintiffs can’t.
How to Find the Best Wrongful Death Lawyer in Philadelphia, Pennsylvania
Here are some factors to consider when choosing a lawyer.
- The lawyer has handled similar cases. If a lawyer has previously handled a similar case, the knowledge they gained can provide an advantage. The case may go more smoothly, so you can expect to receive your money sooner.
- Ask about past results. By looking at the past results a lawyer obtained, you can get a rough idea of how much money you might get from your claim. You can ask about past results during the free consultation.
- Trial lawyers vs. negotiators. Many lawyers focus on either negotiating settlements or taking cases to trial. Pick a lawyer who represents how you want your case to be approached by your attorney.
- Non-monetary results. In addition to monetary compensation, a settlement or court order can force the defendant to take action to prevent future wrongful deaths. If this is important to you, seek out attorneys who have experience getting these results.
Methodology
To come up with the best wrongful death lawyers in Philadelphia of 2024, Forbes Advisor considered many factors. Forbes Advisor’s mathematical analysis considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.
Within the model, we take into account factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:
- Legal experience
- Special licenses and certifications
- Ethics and bar disciplinary measures
- Legal thought leadership
- Education and employment background
- Scholarly lectures and writings
- Awards and honors
Forbes Advisor collects public data from a variety of sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.
Each lawyer listed here has their own merits. Bear in mind that our list relates to these lawyers’ legal backgrounds, but does not evaluate their personalities or their knowledge of the law. One attorney may be more suitable than another for your specific legal situation.
One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when going through a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.
Frequently Asked Questions (FAQs)
What is the difference between a wrongful death claim and a survival action?
A survival action is a type of lawsuit that seeks to get damages that the deceased could have claimed in a personal injury lawsuit had they survived, effectively returning that money to the estate of the deceased. Because this type of claim returns money to the estate, awards from a survival claim are subject to inheritance tax.
What type of economic damages can be recovered from a wrongful death claim?
The types of damages a plaintiff can request in a wrongful death claim are similar to the types of damages a personal injury plaintiff can claim. Typically, claimants get compensation for:
- Medical costs before the death
- Funeral and burial costs
- Potential income that the claimant would have benefited from had the deceased lived
A wrongful death attorney examines the circumstances of the case and determines what type of compensation their client is likely to obtain.
Can a wrongful death claim be filed after the death of a sibling?
Even though Philadelphia is the City of Brotherly Love, that doesn’t mean you can file a wrongful death lawsuit for a sibling. Pennsylvania doesn’t allow siblings to recover non-economic compensation even if they are heirs to the deceased. If there is no living spouse, child or parent, the personal representative of the deceased can recover medical and funeral expenses but not lost income or other types of compensation.
