Wrongful Death Attorney in Montgomery County

Personal Injury Representation for Families Since 1963

Mayerson Injury Law, P.C. has represented injury victims and their families since 1963. Personal injury law is our sole practice area, and we serve clients throughout Montgomery, Chester, and Berks counties. When an injury proves fatal, we investigate what happened, identify potentially responsible parties, preserve evidence, and pursue the available sources of compensation.

A wrongful-death claim may arise after a fatal motor-vehicle crash, workplace or construction accident, unsafe property incident, medical negligence, defective product, or another wrongful act. Families may need to address insurance companies, estate administration, funeral costs, medical bills, and the sudden loss of income or household support at the same time. Our Montgomery County wrongful death attorneys can evaluate those issues through a free, confidential, no-obligation consultation.

There’s no fee for an initial consultation, and you don’t pay legal fees unless we recover compensation on your behalf. Read about our experience, then contact us or call (610) 492-7155 to discuss your family’s legal options.

Investigating Liability After a Fatal Accident

Liability depends on how the death occurred and which people or businesses controlled the conditions that caused it. Potentially responsible parties may include drivers, contractors, property owners, medical providers, manufacturers, or other entities. An employer isn’t automatically liable for a workplace death, and the applicable law may affect which claims can be brought against an employer or another party.

Our investigation can include accident reports, medical records, photographs, video, witness accounts, maintenance and inspection materials, employment records, wage information, and insurance documents. We also examine whether evidence is held by a company, government agency, or other party and take appropriate steps to preserve it. Prompt investigation can matter because scenes change, video may be overwritten, equipment may be repaired, and witnesses’ memories can fade. This work helps us determine liability, document losses, negotiate with insurers, and prepare for trial when necessary.

Fatal Construction & Scaffolding Accidents

A fatal falling incident at a construction site may require an investigation of several companies working on the same project. Contracts, work assignments, equipment ownership, site-control records, inspections, and witness statements can help establish who controlled the relevant work and safety conditions.

Conditions that may contribute to a fatal scaffolding incident include:

• Equipment failure
• Slipping or unsecured planks
• Defects in the scaffolding design
• Incorrect use of safety equipment
• Unstable or otherwise dangerous site conditions
• Collisions involving vehicles or equipment
• Debris falling from a higher level
• Missing guardrails or fall-protection devices

Occupational Safety and Health Administration materials or Pennsylvania Department of Labor and Industry records may be relevant in some workplace-death cases. Their significance depends on the facts, the parties involved, and the laws governing the claim. These records are considered alongside physical evidence, company documents, witness accounts, and information collected by local investigators.

If your family lost someone in a workplace, construction, or scaffolding accident, review our client experience and contact us for a free case evaluation. Call (610) 492-7155 to speak with our firm.

Wrongful-Death & Survival Damages in Pennsylvania

Pennsylvania law distinguishes a wrongful-death claim from a survival action. A claim under the Pennsylvania Wrongful Death Act addresses certain losses suffered by qualifying family members. Depending on the evidence and applicable law, damages may include reasonable funeral and burial expenses, medical expenses associated with the fatal injury, lost financial support and benefits, loss of household services, and loss of companionship, comfort, or guidance.

A survival action proceeds under the Pennsylvania Survival Act and preserves claims that belonged to the person who died. It may include losses arising between the injury and death, such as lost earnings and conscious pain and suffering when supported by the medical and factual evidence. Pre-death pain and suffering isn’t automatically a family wrongful-death damage.

The amount and availability of damages depend on liability, insurance coverage, the deceased person’s age and work history, financial records, family relationships, and the nature of the losses. We evaluate both economic damages, meaning measurable financial losses, and the other losses Pennsylvania law permits. Our goal is to document each recoverable category rather than relying solely on an insurer’s initial assessment.

Who Can File a Pennsylvania Wrongful-Death Claim?

The personal representative, meaning the person legally authorized to administer the estate, generally brings a Pennsylvania wrongful-death action for the benefit of eligible beneficiaries. The Pennsylvania Wrongful Death Act primarily identifies a surviving spouse, children, or parents as wrongful-death beneficiaries. Eligibility and the distribution of a recovery can depend on the deceased person’s family structure, estate circumstances, and applicable law.

If the personal representative hasn’t filed the wrongful-death action within six months after the death, Pennsylvania procedural rules may allow a qualifying beneficiary to bring the action on behalf of all beneficiaries. This six-month rule concerns who may file. It shouldn’t be confused with the statute of limitations governing when a lawsuit must be commenced.

Disagreements about the personal representative, beneficiary status, or estate administration can affect how a case proceeds. We review the family relationships and available estate documents at the beginning so that filing authority can be addressed before pleadings are prepared.

The Wrongful-Death Claim Process in Montgomery County

A wrongful-death case typically begins with a consultation about the death, potentially responsible parties, surviving family members, and immediate financial concerns. We then investigate the incident, identify the personal representative, collect relevant records, evaluate insurance coverage, and document wrongful-death and survival damages. Families who can’t travel may request a consultation at home or in a hospital.

After the evidence has been evaluated, we can notify insurers and negotiate with the parties responsible for the loss. Families shouldn’t assume an early insurance offer reflects the full value of a claim before liability, future financial support, household services, and all available coverage have been examined. If the case can’t be resolved through negotiations, we can file suit and represent the family through discovery, mediation, trial preparation, and trial when necessary.

The Montgomery County Court of Common Pleas has a Civil Division that handles civil matters, including eligible wrongful-death litigation filed in that court. The proper court and applicable procedures depend on jurisdiction, venue, the parties, and the facts. Pennsylvania generally applies a two-year statute of limitations to wrongful-death claims, but calculating the correct deadline can involve case-specific legal questions. Other notice requirements or deadlines may also apply depending on the defendant and the nature of the incident. Case timing also varies based on the number of parties, disputed evidence, insurance issues, settlement discussions, court scheduling, and whether a trial is required.

Personal Injury Focus Since 1963

Mayerson Injury Law, P.C. was established in 1963 and focuses exclusively on personal injury law. Our attorneys have more than 75 years of collective experience, and we have secured millions of dollars in settlements and verdicts for hundreds of clients. We’re available by text and email 24/7, and our attorneys can meet clients at home or in a hospital when travel is difficult.

Discuss Your Family’s Wrongful-Death Claim

A free consultation gives you an opportunity to discuss what happened, who may be entitled to file, and which evidence should be preserved. There’s no obligation to proceed, and you won’t owe legal fees unless we recover compensation on your behalf.

Speak with our personal injury attorneys about a potential wrongful-death claim. Call (610) 492-7155 to request your free consultation.