Wrongful Death

In Pennsylvania, a wrongful death claim may initially be filed by the personal representative or executor of the deceased person’s estate. This individual is usually named in the decedent’s will or appointed by the court.

Any financial recovery from a wrongful death claim is distributed to the deceased’s beneficiaries- typically the surviving spouse, children, or parents. If no wrongful death claim is filed by the personal representative within six months of the date of death, any of the beneficiaries may initiate the lawsuit on behalf of all beneficiaries.

Our attorneys guide clients through this process, ensuring that the right individuals are represented and that all beneficiaries receive their fair share. These cases can sometimes involve complex family dynamics or disputes, and we bring a steady, experienced hand to help navigate such challenges.

In a wrongful death case, the law allows the surviving family members to seek a range of damages meant to compensate for both economic and non-economic losses. These may include:

• Funeral and burial expenses
• Medical expenses related to the final injury or illness
• Loss of future income and financial support
• Loss of companionship, comfort, and guidance
• Emotional pain and suffering
• Loss of household services the deceased would have provided

Additionally, under Pennsylvania’s Survival Act, the estate may recover damages such as the decedent’s pain and suffering, lost earnings, and medical expenses incurred between the time of injury and death.

At Georgelis, Larsen & Sabatino, we work closely with economists, medical professionals, and grief counselors to accurately assess the full extent of your losses. Our goal is to ensure your family receives the maximum compensation possible while honoring your loved one’s legacy.

In Pennsylvania, the statute of limitations for filing a wrongful death claim is two years from the date of death. This means that if legal action is not initiated within this timeframe, you may lose your right to pursue compensation altogether.

While two years may seem like a long time, these cases often require substantial investigation, collection of evidence, and consultation with experts. That’s why we recommend contacting our firm as soon as possible after the loss.

Our legal team moves quickly and efficiently to preserve critical evidence and meet all legal deadlines. We know time is of the essence- not just for legal reasons, but to help families find a path forward as soon as they’re ready.

Determining liability involves proving that another party’s negligence or intentional misconduct directly caused the death of your loved one. This means establishing four key elements:

1. Duty of Care – The responsible party had a legal obligation to act safely.
2. Breach of Duty – They failed in that obligation.
3. Causation – That failure caused the death.
4. Damages – The death resulted in measurable losses to the survivors.

Our attorneys conduct thorough investigations, gather medical records, analyze accident reports, interview witnesses, and often consult with expert witnesses to build a compelling case.

Whether the death was caused by a car accident, workplace injury, defective product, or medical negligence, our extensive experience and tenacity enable us to prove fault and fight for the justice your family deserves.

Yes, in Pennsylvania, you can still recover damages in a wrongful death claim even if your loved one was partially at fault- as long as their degree of fault was less than 51%. This is known as modified comparative negligence.

However, any compensation awarded will be reduced in proportion to your loved one’s share of the fault. For example, if your loved one was found to be 30% at fault for the accident, the compensation would be reduced by that percentage.

Determining and arguing fault in these cases can be complex, which is why it’s critical to have experienced legal representation. At Georgelis, Larsen & Sabatino, we meticulously examine every angle to minimize the percentage of fault assigned to your loved one, maximizing the compensation available to your family.

Wrongful death claims can arise from a wide variety of incidents. At our firm, we’ve represented families impacted by:

• Car, truck, and motorcycle accidents
• Pedestrian and bicycle accidents
• Medical malpractice and surgical errors
• Workplace accidents, especially in farming and construction
• Defective or dangerous products
• Nursing home neglect or abuse
• Agricultural equipment accidents, including tractor rollovers

Each type of case brings unique challenges, from understanding traffic laws to investigating equipment malfunctions. Our decades of experience across many wrongful death scenarios allow us to tailor our approach and build the strongest case possible.

No matter the situation, our priority is to hold the responsible parties accountable and secure the resources your family needs to begin the healing process.

A wrongful death claim compensates surviving family members for their personal losses due to their loved one’s death. This includes loss of companionship, funeral costs, and lost income the deceased would have provided.

A survival action, on the other hand, is brought by the deceased’s estate to recover damages the deceased could have claimed if they had survived. This includes the decedent’s pain and suffering, medical bills, and lost wages from the time of injury until death.

Both claims can often be filed simultaneously and are frequently handled together. At Georgelis, Larsen & Sabatino, we ensure that every possible avenue of compensation is pursued by thoroughly analyzing both claims and advocating for maximum recovery under each.

At Georgelis, Larsen & Sabatino, we work on a contingency fee basis for wrongful death cases. That means you pay nothing upfront, and we only receive a fee if we recover compensation for you. Our fees are a percentage of the amount we win for you- if we don’t win, you owe us nothing.

We believe that financial barriers should never prevent grieving families from accessing the justice they deserve. That’s why we offer free consultations and advance all necessary costs related to the investigation and litigation of your case.

You’ve already suffered an unimaginable loss. Let us carry the legal burden while you focus on healing.

If you believe your loved one’s death was caused by another party’s negligence or misconduct, we recommend taking the following steps:

1. Preserve evidence – Keep any documentation, photos, or communication related to the incident.
2. Request medical and accident reports – These can serve as crucial evidence.
3. Avoid speaking to insurance companies without legal counsel – They may try to minimize or deny your claim.
4. Contact an experienced wrongful death attorney – The sooner you get legal help, the better your chances of building a strong case.

At Georgelis, Larsen & Sabatino Injury Law Firm, P.C., we’re here to answer your questions, provide honest legal advice, and stand by you every step of the way. Reach out today for a free, confidential consultation.