Wrongful Death Lawyer in Philadelphia, PA
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Losing a family member to someone else’s negligence brings grief and a pile of practical worries at the same time. Funeral costs arrive, a paycheck the household counted on disappears, and then comes the difficult question of whether what happened even counts as a wrongful death.
Pennsylvania puts a clock on these claims, and the window to file can close before a grieving family realizes it was running. Holding a hospital, a trucking company, or a manufacturer accountable is harder still because those institutions defend such cases with experienced lawyers of their own.
Bosworth & Associates is a Philadelphia plaintiff’s firm built to bring wrongful death cases against hospitals, health systems, and large companies. We prepare every case from the first day as if a jury will decide it.
Why Choose Bosworth & Associates for a Wrongful Death Case
Choosing a firm after a sudden death is a decision most families never expected to make. What matters is finding a lawyer who treats the loss seriously, explains the law plainly, and is willing to stand up to the hospital or company involved. At Bosworth & Associates, that is the standard we hold ourselves to for families across Philadelphia.
Our founder, Tom Bosworth, is a trial attorney recognized as a Pennsylvania Super Lawyers Rising Star and named to the National Trial Lawyers Top 40 Under 40. At 33, he became the youngest lawyer in Pennsylvania history to take a case to a jury verdict over $10 million for a living client as lead counsel.
We know how to fight against the large companies to get what you deserve under Pennsylvania law.
Client Testimonials
“Attorney Tom Bosworth takes you and your case seriously. He gets back to you at all hours of the day or night. He is very accessible, which is important. He is a strategic thinker and knows the law well. He is good at setting expectations and preparing you for your legal action. I would highly recommend him and his firm.” — Talia S.
“Tom is a great lawyer and genuinely cares about his clients. He is not afraid to take hard cases and will see to it that you get the justice you deserve. Highly recommend!” — Scott M.
“Tom has been great with my case and his work ethic is perfection. When I first reached out to him he wasted no time getting straight to the point and opened my case right away. He was honest, understanding and professional. Tom updates me when asked, and answers any questions I have. His staff is efficient and they get to things right away. I would definitely recommend Tom he really cares about helping his clients.” — Maria S.
Meet Your Pennsylvania Wrongful Death Lawyers
What Is a Wrongful Death Claim in Pennsylvania?
A wrongful death claim is a legal action a family brings after a person dies because of someone else’s negligent or wrongful acts. Pennsylvania’s Wrongful Death Act allows a family to recover compensation for losses after losing a loved one.
To prove that claim, a family generally must show the same things any negligence case requires:
- The at-fault party owed a duty of care.
- It breached that duty.
- That breach caused the death.
- Real losses followed.
Wrongful death claims might be legally appropriate if a hospital misreads a scan, a trucking company’s negligence results in a fatal crash, or a company sells a defective product that results in death.
Because the institution responsible usually disputes one of those links, it is important to build the records, expert testimony, and timeline early. A wrongful death lawyer can help you with each step.
Wrongful Death vs. Survival Action in Pennsylvania
A wrongful death action and a survival action are two separate claims that often arise from the same death, and Pennsylvania families usually bring them together. The difference is who recovers and what they recover.
- A wrongful death action under the Pennsylvania Wrongful Death Act compensates surviving family members for their own losses, such as the support, services, and companionship the death took from them.
- A survival action belongs to the deceased person’s estate and recovers what that person could have claimed had they lived, including the pain and suffering they endured between the injury and death.
Because the two claims cover different losses, filing them together usually gives a family the fullest picture of what the death actually cost. The estate’s personal representative typically handles the survival action, while the wrongful death claim runs for the family.
Who Can File a Wrongful Death Claim in Pennsylvania?
Pennsylvania law limits who can recover in a wrongful death case to a defined group of close family members. The claim exists for the benefit of the people the law treats as the deceased person’s closest survivors. Those eligible to recover are generally:
- The surviving spouse
- The deceased person’s children
- The deceased person’s parents
Wrongful death claims are typically brought by the personal representative of the estate for the benefit of eligible family members. If no action is filed within the time allowed by law, different procedural rules may apply.
What Are the Common Causes of Wrongful Death?
Wrongful death can result from many kinds of preventable harm. The cases we focus on at Bosworth & Associates tend to involve serious, high-stakes negligence rather than minor accidents. The most common causes in that category include:
- Medical malpractice and hospital errors
- Fatal commercial vehicle and truck crashes
- Dangerous or defective products
- Workplace and construction fatalities
- Fatal hazards on unsafe property
Each cause points to a different at-fault party and a different way of proving what went wrong, from a fatal medical error to a missing safety guard. Pinning down the cause early shapes who is held responsible and how the case is built.
How Long Do You Have to File a Wrongful Death Claim in Pennsylvania?
Under Pennsylvania law, you generally have two years to file a wrongful death claim, usually starting on the date of the person’s death.
Two years can feel like a long time while a family is grieving, but evidence fades, and records get harder to gather as the months pass. Some situations can also affect the filing deadlines, so contact a wrongful death attorney early to confirm your timeline. Missing the window can cost a family the right to recover at all.
What Damages Can You Recover in a Wrongful Death Claim?
A Pennsylvania wrongful death claim can recover both the financial losses a death causes and the emotional losses that are harder to put a number on. What a particular case is worth depends on the facts, but recoverable damages generally include:
- Medical bills for the final injury or illness
- Funeral and burial expenses
- The income and financial support the deceased would have provided
- The value of services the deceased handled for the family
- The loss of the deceased’s guidance, comfort, and companionship
Through the related survival action, the estate may also recover for the pain and suffering the person experienced between the injury and death. How these add up depends on the person’s age, earnings, and role in the household, so two cases with similar facts can resolve differently.
Special Situations in Pennsylvania Wrongful Death Cases
Some wrongful death situations in Pennsylvania raise unique questions, such as the following.
Can You File for the Death of an Unborn Child?
Whether a family can bring a wrongful death claim after the loss of an unborn child depends on the specific circumstances and the applicable law. Reach out to Bosworth & Associates to confirm whether a claim is available in your situation with an attorney.
Where Do You File If the Death Happened in Another State?
Where you file usually depends on where the death occurred, not only where the family lives. If a Pennsylvania resident dies because of negligence in another state, a family may need to file the claim where the events happened under that state’s wrongful death laws.
These cross-border cases can involve different deadlines and rules, so getting early guidance helps a family file in the right place and on time.
Will Your Case Settle or Go to Trial?
Most wrongful death cases settle before trial, but the size of that settlement usually depends on whether the firm behind it is ready to go to court. When a hospital or corporation knows we have built the case for a jury, the pressure to offer fair value rises. Some insurers may still push a low number first, and a firm ready to try the case can answer by moving it forward.
Settlement is often the right outcome for a grieving family, because it brings resolution sooner and with more certainty. We aim to reach that point from a position of strength, with trial fully prepared as the alternative if the other side will not be fair.
Discuss Your Wrongful Death Claim With Bosworth & Associates
Families dealing with a sudden, preventable death are often left wondering whether the law gives them any recourse and how long they have to act. At Bosworth & Associates, we can answer those questions, explain whether a wrongful death claim fits, and take on the case against the hospital, company, or other party responsible.
A short conversation can clarify your options before any deadline narrows them. Call Bosworth & Associates at 267-928-4183 or reach us through our contact form for a free consultation.
Written By Tom Bosworth
Tom Bosworth is a Philadelphia plaintiff’s attorney at Bosworth Law who has recovered over $80 million for injured clients and families across medical malpractice, wrongful death, birth injury, and product liability cases. He graduated magna cum laude from Temple University Beasley School of Law and is recognized by Super Lawyers as a Rising Star in Pennsylvania and a National Trial Lawyers Top 40 Under 40 honoree. His results include a $19.7 million jury verdict, the largest ever secured by an attorney his age as lead counsel in Pennsylvania medical malpractice history.
