Losing someone you love because of another person's carelessness or recklessness is a pain that cuts to the bone. A Philadelphia wrongful death lawyer at Oakes Firm fights aggressively to hold responsible parties accountable and pursue the compensation your family deserves.
While nothing can undo this tragedy, a wrongful death claim can provide financial stability and a measure of justice during an incredibly difficult time. Under Pennsylvania law, certain family members have the right to file a wrongful death lawsuit when negligence, medical errors, defective products, or intentional harm causes a fatal injury.
These cases demand an attorney who will go head-to-head with insurance companies and corporate legal teams—someone who refuses to back down. That's exactly what you'll find at Oakes Firm.
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Why Choose Oakes Firm for Your Wrongful Death Case
When your family is grieving, you need a law firm that combines fierce advocacy with genuine compassion. Attorney Thomas G. Oakes II has recovered countless millions of dollars for injured clients and grieving families throughout Philadelphia.
His track record speaks for itself:
- Super Lawyers Rising Star (2018–2025)
- National Academy of Personal Injury Attorneys Top 10 Under 40 in Pennsylvania (2019–2023)
- The National Trial Lawyers Top 40 Under 40 Civil Attorney (2023)
But awards don't tell the whole story. Clients consistently describe Oakes Firm as aggressive in pursuing their legal rights while remaining caring and kind throughout the process.
We handle everything from A to Z—investigating the incident, gathering evidence, negotiating with insurance adjusters, and taking your case to trial if that's what it takes to get a fair result.
Your family shouldn't have to deal with legal complexities while mourning. We lift that burden so you can focus on healing together.
What Is a Wrongful Death Claim in Pennsylvania?
A wrongful death claim is a civil lawsuit filed when someone dies due to another party's negligent, reckless, or intentional actions. Pennsylvania's Wrongful Death Act (42 Pa. C.S. § 8301) allows surviving family members to seek financial recovery for the losses they've suffered because of their loved one's death.
Common causes of wrongful death in Philadelphia include:
- Car, truck, and motorcycle crashes caused by distracted or impaired drivers
- Rideshare accidents involving Uber or Lyft vehicles
- Medical malpractice, including surgical errors, misdiagnosis, and medication mistakes
- Defective or dangerous consumer products
- Workplace accidents on construction sites or in industrial settings
- Pedestrian accidents in high-traffic areas
Each of these situations involves different liable parties, from individual drivers to hospitals to product manufacturers. A wrongful death attorney investigates every angle to identify all potentially responsible parties and build the strongest possible case.
Who Can Be Held Liable in a Philadelphia Wrongful Death Case?
Identifying every responsible party is critical to maximizing your family's recovery. In many cases, more than one defendant shares liability—and each one may carry separate insurance coverage or assets. We investigate aggressively to uncover all potential sources of compensation.
Negligent Drivers and Vehicle Owners
When a fatal crash results from speeding, distracted driving, drunk driving, or reckless behavior, the at-fault driver can be held liable. In some situations, the vehicle owner may also share responsibility—particularly if they allowed an unlicensed or intoxicated person to use their car.
Rideshare accidents involving Uber or Lyft may trigger liability for both the driver and the rideshare company, depending on whether the driver was logged into the app and actively transporting a passenger at the time of the crash.
Employers
Pennsylvania law holds employers accountable for their employees' negligent actions when those actions occur within the scope of employment. This doctrine, called respondeat superior, means your family may have a claim against a trucking company whose driver caused a fatal accident, a delivery company whose employee ran a red light, or a healthcare facility whose staff committed a fatal error.
Employers may also face direct liability if they negligently hired, trained, or supervised an employee who caused a death.
Healthcare Providers and Hospitals
Medical malpractice wrongful death claims can target individual doctors, nurses, surgeons, anesthesiologists, and other providers who deviated from the accepted standard of care.
Hospitals and medical facilities may bear liability for their staff's negligence or for systemic failures like inadequate staffing, poor sanitation, or equipment malfunctions.
Pennsylvania requires a certificate of merit from a qualified medical professional before filing these claims, which is why working with an experienced attorney matters from day one.
Product Manufacturers and Distributors
When a defective product causes a fatal injury, Pennsylvania's strict liability laws allow families to hold manufacturers, distributors, and retailers accountable—even without proving traditional negligence.
Defective vehicles, dangerous medications, faulty medical devices, and unsafe consumer products all fall under this category. These cases often involve multiple defendants across the supply chain.
Property Owners
Premises liability applies when dangerous property conditions cause a fatal accident. Property owners and managers have a duty to maintain reasonably safe conditions for visitors.
Fatal slip and falls, swimming pool drownings, inadequate security leading to a deadly assault, and elevator or escalator malfunctions can all support wrongful death claims against property owners.
Government Entities
Holding a city, county, or state agency liable involves additional legal hurdles. Pennsylvania's Political Subdivision Tort Claims Act limits sovereign immunity to specific exceptions—including vehicle liability, dangerous road conditions, and defective property. Damage caps and strict notice requirements apply.
Missing a deadline or filing incorrectly can destroy an otherwise valid claim, so immediate legal guidance is essential when a government entity may share fault.
Pinpointing every liable party takes thorough investigation and legal knowledge. We dig into police reports, corporate records, maintenance logs, and insurance policies to build the strongest possible case for your family.
Who Can File a Wrongful Death Lawsuit in Philadelphia?
Pennsylvania law limits who may bring a wrongful death action. According to 42 Pa. C.S. § 8301, the personal representative of the deceased person's estate files the lawsuit on behalf of eligible beneficiaries.
Beneficiaries typically include:
- Surviving spouse of the deceased
- Children of the deceased (including adopted children)
- Parents of the deceased, if no spouse or children survive
If no spouse, children, or parents exist, other relatives who were financially dependent on the deceased may qualify. The personal representative is often named in the deceased person's will.
If there's no will, the court appoints someone—usually a close family member—to serve in this role. We help families sort through these legal requirements so the right people can pursue the claim.
Wrongful Death vs. Survival Action
Pennsylvania allows families to pursue two separate but related claims after a fatal injury. While they're often filed together, they compensate for different losses.
Wrongful Death Claim: This compensates surviving family members for their losses resulting from their loved one's death. Damages may include funeral and burial expenses, loss of the deceased's expected earnings, and loss of companionship, guidance, and comfort.
Survival Action: Under 42 Pa. C.S. § 8302, this claim recovers damages the deceased person would have been entitled to if they had survived. It covers the victim's pain and suffering between the injury and death, medical bills incurred before death, and lost wages during that period.
Filing both claims together often maximizes the total compensation available to the family. We evaluate every wrongful death case to determine which claims apply and pursue all available avenues of recovery.
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What Compensation Can You Recover?
Wrongful death lawsuits in Philadelphia may recover several categories of damages. The specific amounts depend on factors such as the deceased's age, earning capacity, and relationships with surviving family members.
Economic Damages:
- Funeral and burial costs
- Medical expenses incurred before death
- Loss of the deceased's expected future income and benefits
- Loss of services the deceased provided to the household
Non-Economic Damages:
- Loss of companionship and consortium for a surviving spouse
- Loss of parental guidance for surviving children
- Loss of comfort, society, and moral support
Pennsylvania does not cap damages in most wrongful death cases, meaning juries can award compensation that reflects the true scope of your family's losses. However, medical malpractice wrongful death claims may involve specific procedural requirements.
Every family's situation is unique. We calculate damages carefully, consulting with economists and vocational specialists when necessary to document the full financial impact of your loss.
How Long Do You Have to File a Wrongful Death Lawsuit in Pennsylvania?
Time limits matter in wrongful death cases. Pennsylvania's statute of limitations gives families two years from the date of death to file a wrongful death lawsuit. Miss this deadline, and the court will almost certainly dismiss your case—no matter how strong the evidence.
Two years might sound like plenty of time, but it goes quickly. Thorough investigations take months. Gathering medical records, accident reports, and witness statements requires persistence.
If your case involves medical malpractice, you'll also need a certificate of merit from a qualified medical professional before filing.
Starting early gives your attorney time to:
- Preserve critical evidence before it disappears
- Interview witnesses while memories are fresh
- Retain accident reconstruction or medical professionals if needed
- Negotiate from a position of strength
Don't wait until the deadline approaches. Contact a Philadelphia personal injury lawyer as soon as you're ready to discuss your options.
How Oakes Firm Investigates Wrongful Death Cases
Building a successful wrongful death claim requires more than filing paperwork. We dig deep to uncover every fact that strengthens your case.
Our investigation process includes:
- Obtaining police reports, accident scene photos, and surveillance footage
- Reviewing medical records to understand the cause and circumstances of death
- Interviewing witnesses, including coworkers, bystanders, and first responders
- Consulting with accident reconstruction specialists, medical professionals, and economists
- Identifying all liable parties, including individuals, employers, manufacturers, and insurers
We leave no stone unturned. Insurance companies and defense attorneys look for any weakness they can exploit—we make sure they don't find one.
FAQs
How much does it cost to hire a wrongful death attorney?
Oakes Firm handles wrongful death cases on a contingency fee basis. This means you pay no upfront costs and owe no attorney fees unless we recover compensation for you. We advance all case expenses and only get paid if your case succeeds.
Can I file a wrongful death lawsuit if the person responsible faces criminal charges?
Yes. Criminal cases and civil wrongful death lawsuits are separate legal proceedings with different standards of proof. You can pursue a civil claim regardless of whether criminal charges are filed, and even if the responsible party is acquitted in criminal court, you may still recover damages in a civil lawsuit.
What if my loved one was partially at fault for the accident?
Pennsylvania follows a modified comparative negligence rule. As long as the deceased was less than 51% responsible for the incident, surviving family members may still recover damages. However, the compensation amount gets reduced by the deceased's percentage of fault.
How long does a wrongful death lawsuit take to resolve?
Every case is different. Some settle within several months through negotiation, while others require a year or more if they proceed to trial. Complex cases involving multiple defendants or disputed liability typically take longer. We keep families informed at every stage and move as efficiently as possible without sacrificing the quality of your case.
What happens if the at-fault party doesn't have enough insurance?
We investigate all potential sources of compensation. This might include the at-fault party's personal assets, employer liability, product manufacturers, or your own underinsured motorist coverage. Multiple defendants may share liability, expanding the available recovery.
Contact a Philadelphia Wrongful Death Lawyer Today
Your family has already lost so much. Now it's time to hold the parties responsible accountable and fight for the financial security your loved one would have wanted for you.
Oakes Firm stands beside you—aggressively pursuing justice while treating your family with the care and respect you deserve. Attorney Thomas G. Oakes II has spent his career fighting for people who have been seriously harmed by others' negligence.