Real Trial Lawyers Wrongful Death Over a Century of Solutions

Philadelphia Wrongful Death Lawyer

Over 100 Years of Combined Experience Fighting for Philadelphia Families

When a family loses someone to another party’s negligence or wrongdoing, the legal decisions made in the weeks that follow can shape what justice looks like for years to come. At Mincey Fitzpatrick Ross, LLC, we bring more than 100 years of combined attorney experience to wrongful death cases in Philadelphia, including cases involving police misconduct, institutional negligence, and other complex defendants that demand a firm prepared to fight at every level. Our team includes former prosecutors who understand how opposing parties build their defenses, and we’ve won cases in both state and federal courts across Pennsylvania.

Wrongful death claims in Philadelphia move through the civil division of the Philadelphia Court of Common Pleas under specific Pennsylvania statutes, with filing deadlines that begin running at the moment of death. Engaging a wrongful death attorney Philadelphia families can rely on early in the process can help preserve critical evidence and protect those deadlines. We offer free consultations and are available 24/7, including home and hospital visits when families can’t come to us.

Call Mincey Fitzpatrick Ross, LLC today at (215) 550-1999 or contact us online to schedule a free consultation with our Philadelphia wrongful death attorneys.

Why Philadelphia Families Choose Mincey Fitzpatrick Ross, LLC for Wrongful Death Cases

Wrongful death claims are among the highest-value civil cases, and insurance companies and institutional defendants respond accordingly. Families need representation from a firm prepared to take a case to trial, not one that steers every matter toward a quick settlement. Our attorneys have secured multimillion-dollar recoveries for clients across Philadelphia, including a multimillion-dollar settlement for the family of a victim of an illegal beating by Philadelphia police. That result reflects what it takes to go up against a government defendant with full institutional resources behind it.

Our background spans personal injury, civil rights litigation, and criminal defense, which matters in wrongful death cases that involve police action, incarceration, or negligence by a public agency. Former prosecutor experience on our team provides insight into how defendants and their insurers structure their defenses. That combination of disciplines, alongside thousands of cases handled and significant recoveries secured, is what we bring to families navigating the worst circumstances of their lives.

Mincey Fitzpatrick Ross, LLC is one of Philadelphia’s leading Black law firms with a certified diverse business background. We represent our clients with personalized attention, and our attorneys can come to you when circumstances require it.

How Wrongful Death Claims Work in Philadelphia

Pennsylvania law recognizes two related but distinct claims that can arise from the same fatal incident. A wrongful death claim under the Pennsylvania Wrongful Death Act (42 Pa. C.S. § 8301) compensates surviving family members for their own losses. A survival action under the Pennsylvania Survival Act (42 Pa. C.S. § 8302) compensates the deceased’s estate for what the deceased suffered before death, including pain, suffering, and lost wages over their expected lifespan. Both claims can be filed together, but they are legally distinct and governed by separate rules.

Under Pennsylvania Rule 2202, the personal representative of the deceased’s estate files the wrongful death action for the benefit of the surviving spouse, children, and parents. Our process begins with an initial case assessment to identify liable parties and evaluate the facts. We then conduct a thorough investigation, gathering medical records, accident reports, and witness statements, and consulting with experts as the case requires. We handle all filings in the Philadelphia Court of Common Pleas civil division and manage the full litigation track through trial if settlement negotiations don’t produce a fair result.

Evidence preservation in the immediate aftermath of a fatal incident is critical. Responsible parties and their insurers often act quickly to limit what’s available. Contacting a wrongful death lawyer Philadelphia families trust as soon as possible after a loss gives our team the opportunity to secure what’s needed to build a strong case.

Common Causes of Wrongful Death

Wrongful death claims arise from a wide range of circumstances. The types of cases we handle in Philadelphia include:

Car Accidents: Reckless, drunk, and distracted driving can lead to fatal accidents.
Medical Malpractice: Negligence by healthcare professionals can result in patient fatalities.
Workplace Accidents: Unsafe working conditions and employer negligence can lead to fatal workplace accidents.
Premises Liability: Inadequate property maintenance and security can result in fatal accidents, such as slips, falls, or assaults.
Product Liability: Defective products, such as faulty machinery or medication, can cause fatal injuries.
Nursing Home Abuse: Neglect and abuse in nursing homes can lead to the wrongful death of elderly residents.
Criminal Acts: Homicides and other criminal acts can give rise to wrongful death claims against the perpetrator or other liable parties.

Damages Recoverable in a Philadelphia Wrongful Death Claim

Pennsylvania wrongful death and survival actions together allow families to pursue compensation across two categories. Both matter, because they serve different beneficiaries and are subject to different rules.

Wrongful Death Claim Damages (for surviving family members):

Medical Expenses: Costs related to the deceased’s final injury or illness.
Funeral and Burial Costs: Reasonable expenses for laying your loved one to rest.
Lost Financial Support: The income and financial contributions the deceased would have provided.
Loss of Companionship and Guidance: Compensation for the emotional and relational losses suffered by surviving family members.

Survival Action Damages (for the estate):

Pre-Death Pain and Suffering: Compensation for what the deceased endured between the fatal incident and death.
Pre-Death Medical Costs: Medical expenses incurred before death.
Lost Wages Over Expected Lifespan: The earnings the deceased would have accumulated over their projected working life.
Punitive Damages: Available in certain cases involving gross negligence or malicious conduct, punitive damages are pursued through the survival action. Pennsylvania’s sovereign immunity rules significantly limit or bar punitive damage awards against government defendants.

Economic damages are generally uncapped in Pennsylvania. Non-economic damages may be subject to limits when the defendant is a government entity. Punitive damages require proof of gross negligence or malicious conduct and aren’t awarded in every case, but they can be significant when the standard is met.

What Are the Statutes of Limitations for Wrongful Death in Pennsylvania?

Pennsylvania imposes a two-year statute of limitations on wrongful death claims under 42 Pa. C.S. § 5524(2), running from the date of death. The survival action carries a separate two-year deadline that runs from the date the fatal accident occurred, not the date of death. In cases where death follows an injury by days, weeks, or longer, those two dates and two deadlines can differ. The discovery rule may extend either deadline in limited circumstances where the cause of death wasn’t immediately knowable, but that exception has narrow application.

Missing either deadline typically means losing the right to seek compensation regardless of the strength of the case. Contact our Philadelphia wrongful death attorneys promptly so we can evaluate which deadlines apply to your specific facts.

Frequently Asked Questions About Wrongful Death in Philadelphia

Who Can File a Wrongful Death Claim in Pennsylvania?

The personal representative of the deceased’s estate files the wrongful death action under Pennsylvania law, for the benefit of the surviving spouse, children, and parents. If no personal representative has been appointed, one may be designated for the purpose of pursuing the claim. Our attorneys can walk families through this process during the initial consultation.

How Long Does a Wrongful Death Settlement Take in Philadelphia?

The timeline varies based on the complexity of the case, the number of defendants, and whether the parties can reach a fair settlement or whether trial becomes necessary. Some cases resolve within months; others require years, particularly when government defendants or contested liability are involved. We work to move cases forward efficiently while not accepting inadequate offers under time pressure.

What Legal Support Does Mincey Fitzpatrick Ross, LLC Provide in Wrongful Death Cases?

We provide full representation from initial investigation through trial, including evidence gathering, expert consultation, insurance negotiation, filings in the Philadelphia Court of Common Pleas, and courtroom advocacy in both state and federal courts. Our attorneys are available 24/7 and can visit clients at home or in the hospital. Representation is available on a contingency fee basis, meaning there are no attorney fees unless we recover compensation for your family.

Call Mincey Fitzpatrick Ross, LLC today at (215) 550-1999 or contact us online to schedule a free consultation with our wrongful death attorney Philadelphia families have trusted for decades.

Building a Wrongful Death Case in Philadelphia: What Families Should Know

Establishing liability in a Pennsylvania wrongful death case requires proving four elements: that the defendant owed a duty of care to the deceased, that the defendant breached that duty, that the breach caused the death, and that surviving family members suffered quantifiable damages as a result. Each element must be supported by evidence, and the burden of proof in a civil case is preponderance of the evidence, meaning the evidence must show it is more likely than not that the defendant’s conduct caused the death. This is a lower standard than the “beyond a reasonable doubt” threshold used in criminal proceedings.

The Role of Expert Witnesses

Expert witnesses are a regular feature of wrongful death litigation in Philadelphia. Medical professionals establish causation between a defendant’s conduct and the death. Accident reconstruction specialists reconstruct the sequence of events in vehicle or workplace fatalities. Economists calculate lost future earnings and the financial value of services the deceased would have provided over their lifetime. In cases involving institutional defendants, additional experts may address standards of care, policies, or organizational conduct. Our attorneys retain and work with qualified experts throughout the investigation and litigation process.

Multiple Defendants & Comparative Negligence

A single wrongful death incident may involve more than one party whose negligence contributed to the outcome. Pennsylvania’s comparative negligence framework allows claims to be pursued against all defendants whose conduct played a role, with liability apportioned according to each party’s share of fault. This is particularly relevant in cases involving a chain of actors, such as a product defect case where both a manufacturer and a distributor may bear responsibility, or an institutional case where an employer and a subcontractor each contributed to an unsafe condition.

How Insurance Companies Respond to Wrongful Death Claims

Because wrongful death claims carry high potential value, insurance companies representing defendants frequently contest them aggressively. Common tactics include disputing causation, challenging the valuation of damages, and using procedural delays to pressure families into accepting inadequate settlements. Early retention of counsel can help counter these strategies by preserving evidence before it disappears and establishing an attorney-to-attorney dynamic that changes the negotiation posture from the outset.

Civil Claims When Criminal Proceedings Are Pending

When a defendant faces criminal charges arising from the same incident that caused the death, a civil wrongful death claim can proceed on a separate track. A not-guilty verdict in criminal court doesn’t bar recovery in a civil wrongful death action because the standards of proof differ. The civil standard requires only that it is more likely than not that the defendant’s conduct caused the death, while criminal conviction requires proof beyond a reasonable doubt. Families shouldn’t assume that a criminal acquittal ends their options for civil recovery.

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Without going into as much detail as Steve, my story is very similar. I am a teacher and risked my livelihood if I had been found guilty of the unfair charges lobbed against me (my licenses would have been revoked). One lawyer after another painted a bleak outlook. In hindsight, I am so grateful for Mr. Mincey's assistance. I was one of the lucky ones several lawyers said to me after I told them how my case ended. The chances that they would have been able to achieve the same results were slim, I learned later.

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My name is Steve Brantley Spence, I am a financial advisor and I live in the state of Virginia. A weekend trip to Philadelphia, Pennsylvania changed my life forever last January 9th, 2014. Virginia is an open carry commonwealth state and I was foolish enough in my thought process and I figured Pennsylvania's laws would overlap with Virginia. I was wrong and I traveled into the city limits of Philadelphia with my 9mm handgun on the floor of my passenger seat. In the state of Virginia in order to conceal a gun you must have a permit to do so, therefore I had my gun out in the open because I did not want to break the law by having it concealed in anyway. When I arrived in Philadelphia I was involved in a small car accident. The other driver and I waited for the police to arrive and after they arrived I was arrested for not having a permit to carry in the city of Philadelphia. I was completely shocked and in disbelief that I was going to jail for a simple mistake and not knowing the law. I did not resist arrest nor was I rude to any of the officers. I was charged with a class 3 felony for not having a permit to carry in the city of Philadelphia. I've never been in any trouble prior to this incident. I graduated from East Carolina University with a degree in Business Management and another degree in Marketing. I also played football at East Carolina during my four years and we won back to back CUSA championships. I have two handsome sons, a beautiful niece and a fiancé that I love so very much and who rely on me. After I posted bail I was able to travel back home to Virginia and continue my work as an advisor. There was a dark cloud over my thoughts and life because all of the lawyers that I reached out to told me that I would have to serve jail time and there was no way around it. Mr. Mincey did not make any guarantees but he promised me he would do all that he could to make sure I would not serve any jail time. If I were convicted of a felony I would have loss all of my securities licenses and been fired from my firm and be banned from practicing as a financial advisor. Mr. Mincey took on my case and worked very hard to work out a favorable deal for me with the District Attorney's office. Kevin stayed in constant contact with me and updated me every step of the way. I did not receive any jail time. I'm on probation but I still have my securities licenses and able to practice as an advisor. The hard work of Kevin Mincey not only impacted my life but my son's life as well. A couple of months after my arrest,my son's mother was unable to take care of him any longer. August 2014 I was granted full custody of my son. I don't know where my son would be if I were in jail and not able to take him in and raise him now. On behave of my family and all of the people that depend on, we truly thank you Kevin Mincey!!!

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