Wrongful Death · Survival Actions

Pennsylvania Fatal Car Accident Lawyer

When a Pennsylvania car crash takes a life, the legal path forward runs through the Wrongful Death Act and the Survival Statute. Sean Quinlan represents families across all 67 counties in fatal collision claims — preserving evidence, holding insurers accountable, and pursuing the full measure of damages your family is entitled to.

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You may be responsible for certain case costs and expenses in addition to the fee, as explained in your written fee agreement.

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Talk to Sean Quinlan about your case.

No Fee Unless We Win. You may be responsible for certain case costs and expenses in addition to the fee, as explained in your written fee agreement. Call now or request a free case review and Sean Quinlan will personally evaluate your case.

FAQ

Pennsylvania Fatal Car Accident FAQs

Who can file a fatal car accident claim in Pennsylvania?

Under Pennsylvania's Wrongful Death Act (42 Pa. C.S. § 8301), only the personal representative of the decedent's estate may file the action, but recoverable damages go to the surviving spouse, children, or parents. If no representative files within six months, any beneficiary may bring the claim on behalf of all.

What is the difference between wrongful death and survival actions?

A wrongful death claim compensates surviving family members for their losses — funeral costs, lost financial support, lost companionship, and household services. A survival action (42 Pa. C.S. § 8302) compensates the estate for what the deceased could have recovered if they had lived: pre-death pain and suffering, lost earnings from the date of injury to death, and lost future earning capacity. Both claims are typically pursued together after a fatal crash.

What is the statute of limitations for fatal car accidents in PA?

Two years from the date of death for wrongful death claims, and two years from the date of injury (which is often the same date) for survival actions. Missing the deadline almost always extinguishes the claim, so it's critical to involve counsel early to preserve evidence — vehicle data, scene reconstruction, and witness statements degrade fast.

What damages are recoverable after a fatal PA crash?

Funeral and burial expenses, medical bills incurred before death, the present value of the financial contributions the decedent would have made, the value of household services they provided, and damages for the loss of comfort, society, and guidance. Survival action damages include the decedent's conscious pain and suffering and lost earnings net of personal maintenance.

Does Pennsylvania comparative negligence apply to fatal accidents?

Yes. Pennsylvania's modified comparative negligence rule (51% bar) applies to wrongful death and survival actions. Recovery is reduced by the decedent's share of fault, and barred entirely if the decedent was more than 50% at fault. Insurance companies routinely try to shift blame onto the deceased — strong reconstruction evidence is essential.

How much does a Pennsylvania fatal car accident lawyer cost?

Quinlan Law Group handles fatal car accident cases on a contingency fee — no attorney fee unless we recover for your family. You may be responsible for certain case costs and expenses in addition to the fee, as explained in your written fee agreement. The initial consultation is free and confidential.