Wrongful Death Attorneys in York, PA

Helping Families Find Answers for More Than 100 Years

After the unspeakably painful loss of a loved one, you may find yourself with many questions you shouldn’t have to be wrestling with, questions like, Why did this happen? Could this have been prevented? Why wasn't it? Who is responsible for my loved one's death, and how am I going to pay for the outstanding medical costs, for the funeral, or for my family’s ongoing bills?

If the loss of your loved one has been compounded by the tragic knowledge that their fatal accident was preventable, you deserve justice. You deserve a legal team by your side who can help you get answers, hold the liable party or parties accountable, and recover the full and fair compensation you and your family need to navigate the aftermath of this tragedy.

At Handler, Henning & Rosenberg LLC, we want to free up your time and resources so that while we work on recovering compensation for you, you’re able to find closure, grieve, and start moving forward. Our team offers compassionate, personalized legal support. We're here to help you during this incredibly difficult time.

To find out more about how we might be able to help, call (717) 775-6983 today to request your free consultation with a wrongful death lawyer in York.

Who Can File a Wrongful Death Claim in Pennsylvania?

In many states, the deceased person’s surviving children, spouse, or parents can file a wrongful death claim. But, in Pennsylvania, the personal representative of the deceased's estate must be the one to file a wrongful death lawsuit. The personal representative (also called the “executor”) of the deceased's estate is someone either explicitly named in a will or appointed by the court to handle the deceased's estate after their passing. 

Although the personal representative must be the one to file the claim, they do so on behalf of certain surviving family members. In other words, the personal representative files the claim so that the family can secure compensation for their losses. Additionally, if the personal representative does not file a claim within six months of the deceased's passing, anyone who is entitled to damages (such as a spouse, a child, or a parent) may bring forth a lawsuit.

Types of Compensation in Pennsylvania Wrongful Death Claims

The types of compensation available can be tied to which party is filing the claim. For instance:

• A personal representative could sue for administrative costs related to the death, such as funeral expenses or the costs associated with administering the estate. 
• A surviving child’s compensation might include damages for loss of inheritance, loss of moral upbringing, loss of parental guidance, and loss of tutelage.
• A spouse could sue for compensation to help with the loss of financial support provided by the deceased, as well as loss of society and comfort.

Pennsylvania law also allows for the possible recovery of damages related to the emotional pain and suffering experienced by the family members of the deceased. While nothing can ever “compensate” you for the immense loss your family has suffered, the purpose of these damages is to assist with unexpected costs related to your loved one's passing, as well as provide a measure of justice to grieving families. 

Survival Actions in York, PA

In addition to wrongful death claims, Pennsylvania allows eligible parties to file a similar sort of lawsuit directly on behalf of the deceased person. These claims are known as “survival actions.” 

A survival action is when the person’s estate sues for damages suffered by the deceased before their passing (as opposed to damages suffered by surviving family members and the estate). 

Examples include: 

• The pain and suffering the deceased experienced between the time of the incident that caused their death and their actual passing
• The deceased's loss of income and earning ability due to missed work as a result of the injuries or illness that ultimately led to their death
• Any medical expenses, including hospital bills, the deceased paid or was responsible for paying related to treatment for their final injury or illness 

Generally speaking, a survival action allows claimants to seek the sort of compensation that the injured person would have been able to pursue if they had survived and filed a personal injury claim. Survival actions can be particularly valuable in covering the financial losses that accrued between the time of injury and the time of death. It's important to keep detailed records of the deceased's suffering and related expenses to substantiate these actions.

Common Causes of Wrongful Death in York

Wrongful death cases arise when a person passes away due to the negligent or wrongful conduct of another. This can take many forms. In York, some prevalent causes of wrongful death cases include motor vehicle accidents, unsafe public or private property, medical malpractice, and workplace incidents, but these claims can result from any situation in which a person's death could have—and should have—been prevented.

By determining the cause of the incident that led to your loved one's passing, our York wrongful death lawyers can pinpoint the responsible party and pursue legal action appropriately. Our team carefully reviews the facts of each case, gathers evidence, and builds robust legal strategies aimed at securing justice for you and your family.

Turn to Our Compassionate, Accomplished Legal Team

Handler, Henning & Rosenberg LLC has advocated for Pennsylvanians since 1922. We have a legacy of protecting our clients’ rights and helping them maximize their compensation. We know that no case result is going to undo the terrible loss you have suffered, but we want to do whatever we can to help you find some peace of mind and be set up to move forward.

Our firm's legacy in the community not only demonstrates our commitment to helping our clients but also reflects our profound understanding of the local legal landscape. This equips us to formulate powerful, persuasive strategies that are both personalized and strategically effective. Most importantly, we never lose sight of the fact that our clients are real people who are going through some of the most difficult times in their lives. When you choose our York wrongful death attorneys for help with your case, you're putting a compassionate, respected, and winning team on your side. 

Start getting answers and legal help by calling (717) 775-6983 today. Our wrongful death lawyers in York won’t charge anything unless and until we win your case.

York, PA Wrongful Death FAQ

How Long Do I Have to File a Wrongful Death Lawsuit in York, Pennsylvania?

In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is typically two years from the date of death. This timeframe is crucial to observe, as failing to file within these two years may result in you losing your right to secure financial recovery. However, various factors might influence this timeline, including the discovery rule in situations where the cause of death was not immediately apparent. We encourage you to consult with a wrongful death attorney in York early in the process, as this helps ensure that important deadlines are met and potential extensions are properly evaluated.

What Damages Can Be Recovered in a Wrongful Death Case?

Depending on the circumstances, a wrongful death case can result in the awarding of damages that include financial losses, such as funeral expenses, medical bills, and lost financial support and future earnings. Additionally, a successful claim often results in the awarding of non-economic damages for things like pain and suffering, loss of companionship, and emotional distress. 

Can a Wrongful Death Claim Be Filed Alongside a Survival Action?

Yes, wrongful death claims and survival actions are distinct yet complementary legal avenues that may be pursued concurrently (or individually). While wrongful death claims focus on the losses experienced by the deceased's family, survival actions target the damages suffered directly by the deceased from the time of injury until death. This includes physical pain and suffering, lost wages, and medical expenses. 

How Are Wrongful Death Settlements Distributed Among Family Members?

The distribution of wrongful death settlements in Pennsylvania requires careful consideration of several factors, including the relationship of the claimants to the deceased and state law stipulations. Typically, the order of priority goes as follows: first the surviving spouse, then the surviving children, followed by the surviving parents (if eligible).