Who can file a wrongful death claim in Pennsylvania?

Under Pennsylvania law, the decedent's personal representative (executor or administrator) brings the claim on behalf of the spouse, children, and parents of the deceased. If the personal representative does not file within six months, any beneficiary may file.

How long do I have to file a wrongful death lawsuit in Pennsylvania?

The statute of limitations is generally two years from the date of death. Some cases involving a delayed discovery of the cause of death may have a discovery rule that extends this deadline — call us so we can analyze your specific case.

Can we file both a wrongful death and a survival action?

Yes — they are separate claims with separate damages. Wrongful death compensates the family for their losses; the survival action compensates the estate for what the decedent suffered between the injury and death. Most Pennsylvania cases plead both.

Is a settlement taxable?

Generally, wrongful death and personal injury settlements are not subject to federal income tax. Punitive damages and interest may be taxable. We always recommend coordinating with a tax professional on the final allocation.

What does it cost to hire a wrongful death attorney?

Nothing up front. We handle Pennsylvania wrongful death cases on a contingency fee — our fee comes out of the recovery, and there is no fee if we do not recover for your family.

Where do fatal crashes most often happen in Allentown?

In Allentown, fatal collisions cluster on the busiest roads in and around Allentown, at high-speed interchanges and merges, and at signalized intersections where a driver ran a red light or a commercial truck failed to yield. We represent injured drivers, passengers, and pedestrians on Hamilton Boulevard, Tilghman Street, Lehigh Street, and throughout the Lehigh Valley.

Who can file a wrongful death lawsuit after a Allentown fatality?

Under Pennsylvania's Wrongful Death Act (42 Pa. C.S. § 8301), the personal representative of the deceased's estate files the action on behalf of the surviving spouse, children, and parents. If no personal representative is named within six months of death, an eligible beneficiary can bring the suit. We routinely help Allentown families open the estate and get a representative appointed so the case can move forward.

What is the difference between a wrongful death claim and a survival action in Pennsylvania?

A wrongful death claim (42 Pa. C.S. § 8301) compensates the surviving family for their losses — loss of financial support, loss of guidance and companionship, and funeral and burial expenses. A survival action (42 Pa. C.S. § 8302) is brought on behalf of the estate for what the decedent could have recovered had they lived — pre-death pain and suffering, lost future earnings, and medical expenses. Nearly every Allentown wrongful death case we handle includes both.

How long do Allentown families have to file a wrongful death case?

Pennsylvania's statute of limitations for wrongful death and survival actions is two years, generally measured from the date of death. If a public entity contributed — for example, a PennDOT roadway defect on a local highway or a Lehigh County road — a six-month written notice requirement can apply. Do not wait: witness memories fade and physical evidence at the scene disappears quickly.

What damages can a Allentown family recover in a wrongful death case?

Wrongful death damages include the value of financial support the decedent would have provided, the value of services (household work, childcare, guidance), loss of society and companionship for the spouse, children, and parents, and funeral and burial costs. The survival action adds the decedent's own conscious pain and suffering before death, lost earnings from the moment of injury until death, and the present value of lost future earnings.

Who is liable when a fatal crash happens on a local highway?

Liability depends on the facts — an impaired or distracted driver, a trucking company that pushed its driver past federal hours-of-service limits, a bar that over-served a visibly intoxicated patron (Pennsylvania dram-shop liability), an employer whose worker was on the job, or a public entity responsible for a dangerous road design or maintenance failure. We investigate every potentially responsible party so a Allentown family isn't left recovering only against a driver with minimum insurance.

Is there a "cap" on wrongful death damages in a Allentown case?

Pennsylvania does not cap wrongful death or survival damages against private defendants. Caps apply to claims against Commonwealth agencies ($250,000 per plaintiff / $1M per incident under the Sovereign Immunity Act) and local agencies ($500,000 per incident under the Political Subdivision Tort Claims Act). Punitive damages against a medical provider are capped at 200% of compensatory damages.

Do you handle Allentown wrongful death cases on contingency?

Yes. We represent Allentown families on a contingency-fee basis — no attorney's fee unless we recover compensation for you. The consultation is free and confidential, and we advance the cost of accident reconstruction, medical and economic experts, and probate assistance so grieving families can focus on their loved ones, not on legal bills.

Local Representation

Allentown, PA Personal Injury Lawyer

Name: Quinlan Law Group
Address: 3425 Simpson Ferry Rd #100, Camp Hill, PA, 17011, US
Telephone: (717) 724-7503
Price range: Contingency Fee — No Fee Unless We Win

As the third-largest city in Pennsylvania, Allentown sees dense traffic across I-78, Route 22, and the MacArthur Road corridor, with frequent truck and pedestrian crashes.

We represent injured drivers, passengers, and pedestrians on Hamilton Boulevard, Tilghman Street, Lehigh Street, and throughout the Lehigh Valley.

Reviewed by Sean Quinlan, Esq. — attorney licensed in Pennsylvania (PA Attorney ID 86858)

Allentown content on this page is written and reviewed by Sean Quinlan, who handles injury and wrongful-death claims across Pennsylvania. About the attorney · Verify PA license

Allentown is Pennsylvania's third-largest city, and its size shows in its traffic: the I-78/Route 22 interchange near the Lehigh Valley Mall ranks among the busiest and most dangerous merge points in the state, feeding a constant stream of tractor-trailers into a city where MacArthur Road retail traffic, downtown one-way streets, and dense residential neighborhoods all compete for the same lanes. If you were hurt here — whether on the highway, on a city street, or as a pedestrian crossing Hamilton Street downtown — you are likely facing the same overwhelming first week that every injured person in this city faces: missed work, a car that may not be drivable, and an insurance company already building a file against you. This page is meant to give you real information before that file gets built any further, grounded in how Allentown cases actually move through the courts.

Where crashes happen in Allentown

Hamilton Boulevard is Allentown's commercial spine, and its long stretches of retail-driven turning traffic generate a steady volume of T-bone and left-turn collisions, particularly near the Cedar Crest Boulevard and Fairview Street intersections. Tilghman Street sees repeated rear-end and sideswipe crashes where it narrows heading into the older residential grid, and Lehigh Street carries heavy truck traffic connecting to I-78 that has been the site of serious commercial-vehicle wrecks. The Route 22 corridor through the city is elevated and access-limited, meaning crashes there tend to involve high speed and multiple vehicles rather than isolated fender-benders. MacArthur Road's shopping-center curb cuts create frequent pedestrian and cyclist conflicts, especially during holiday retail seasons when foot traffic spikes without any change to the road's design.

Filing suit: venue and jurisdiction for Allentown claims

Allentown sits in Lehigh County, and injury lawsuits arising from crashes here are filed in the Lehigh County Court of Common Pleas, part of the 31st Judicial District, located at the Lehigh County Courthouse in downtown Allentown. Venue is governed by Pa.R.C.P. 1006 and 2179, which generally require suit where the defendant resides, does business, or where the incident occurred. Lehigh County routes qualifying injury claims through compulsory arbitration under 42 Pa. C.S. § 7361 before a jury trial becomes available on appeal. You have two years from the date of the crash to file suit under 42 Pa. C.S. § 5524, and Pennsylvania's modified comparative negligence rule under 42 Pa. C.S. § 7102 bars recovery only if you're found more than 50% at fault. Crashes involving LANTA buses or city vehicles require notice to the transit authority within six months under 42 Pa. C.S. § 5522.

Emergency care and medical records in Allentown

Lehigh Valley Hospital–Cedar Crest, located just outside the city, is the region's only Level I trauma center and receives the most severely injured patients from Allentown-area crashes by ground or helicopter transport. Lehigh Valley Hospital–17th Street, closer to downtown, provides emergency and surgical care for a large share of city residents. St. Luke's Sacred Heart Campus also serves Allentown patients needing emergency stabilization. We pull EMS trip sheets and ER intake records from these facilities early, because the initial description of mechanism and injury severity often shapes how an insurer values — or undervalues — a claim months later.

Talk with a lawyer about your Allentown case

Whether your crash happened on Route 22, Hamilton Boulevard, or a quiet Allentown side street, the legal deadlines and insurance pressure start the moment it happens. Attorney Quinlan has built cases out of Lehigh County courtrooms and knows how local juries and arbitrators evaluate these claims. Call before you give a recorded statement — the conversation is free, and it may be the only one that's actually on your side.

Allentown Practice Areas

Statewide practice-area guides

Broader Pennsylvania guides on each type of case we handle in Allentown.

Corridors, courts & trauma centers near Allentown

Deep-local guides for the highways, courthouse, and trauma care that matter to Allentown injury claims.

Serving Allentown from our Camp Hill office

Consultations for Allentown injury claims are free, and we travel to clients who cannot travel to us.

Quinlan Law Group

3425 Simpson Ferry Rd #100
Camp Hill, PA 17011
(717) 724-7503
intake@paaccidentandinjuryattorney.com

Available 24/7 for new injury cases

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Where Lehigh County cases are filed

Lehigh County Courthouse
455 Hamilton Street, Allentown, PA 18101
610-782-3393

Nearby communities we serve

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Talk directly with Sean Quinlan, Esq.. No fee unless we win.

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