Understanding the Cost of a Pennsylvania Wrongful Death Lawyer

Losing a loved one suddenly is an overwhelming tragedy. During this incredibly difficult time, you might be facing not only immense grief but also unexpected financial burdens and complex legal questions. One common question that arises is how you will afford legal representation to pursue a wrongful death claim.

Many people hesitate to contact a lawyer because they worry about the cost. We understand this concern. This article explains how a Pennsylvania wrongful death lawyer is typically paid, so you can focus on healing.

Understanding Wrongful Death Claims in Pennsylvania

A wrongful death claim in Pennsylvania seeks justice and compensation when a person dies due to another party's negligence or intentional act. These claims are brought by the personal representative of the deceased person's estate on behalf of specific beneficiaries.

Pennsylvania law defines who can bring these actions and what damages can be recovered. Specifically, 42 Pa. C.S. § 8301 outlines the right of action for wrongful death. A separate action, known as a survival action, is governed by 42 Pa. C.S. § 8302. This allows the estate to recover damages the deceased would have been entitled to if they had lived, such as pain and suffering before death, and lost earning capacity.

The statute of limitations for filing a wrongful death claim in Pennsylvania is generally two years from the date of death, as outlined in 42 Pa. C.S. § 5524. This means you have a limited time to act, making it important to speak with an attorney as soon as possible.

How Do Wrongful Death Lawyers Charge for Their Services?

We know that during a time of grief and financial strain, the idea of upfront legal fees can be daunting. This is why nearly all personal injury and wrongful death attorneys, including our firm, work on a contingency fee basis.

The Contingency Fee Arrangement

A contingency fee means you do not pay any attorney fees upfront. Instead, our payment is contingent upon us successfully recovering compensation for you. If we do not win your case, you owe us no attorney fees. This arrangement allows grieving families to pursue justice without added financial pressure.

Here's how it typically works:

• No Upfront Costs: You will not pay any hourly rates or retainer fees.
• Percentage of Recovery: Our fee is a percentage of the final settlement or court award. This percentage is agreed upon at the beginning of your case and is clearly outlined in a written fee agreement.
• Shared Risk: This structure means we share the risk of litigation with you. We are motivated to achieve the best possible outcome because our compensation directly depends on it.
• Transparency: We will explain all aspects of the contingency fee agreement in plain language before you sign anything. You will know exactly what to expect.

What is the Typical Contingency Fee Percentage?

In Pennsylvania, the standard contingency fee for a wrongful death or personal injury case is usually around one-third (33.3%) of the gross recovery. For cases that proceed to trial, the percentage may sometimes be slightly higher, reflecting the increased time, resources, and risk involved. This percentage covers the lawyer's time and expertise. It is separate from litigation costs.

What Other Costs Are Involved?

While attorney fees are covered by the contingency agreement, there are other expenses involved in pursuing a wrongful death claim. These are often referred to as "case expenses" or "litigation costs."

These costs can include:

• Court Filing Fees: Fees paid to the court to initiate and manage your lawsuit.
• Investigation Costs: Expenses for gathering evidence, such as accident reconstruction, expert analysis, or obtaining police reports.
• Medical Records and Bills: Fees charged by hospitals and doctors for copies of essential medical documentation.
• Expert Witness Fees: In many wrongful death cases, expert testimony is crucial. This can include medical experts, economists, or vocational experts to help determine damages.
• Deposition Costs: Fees for court reporters and videographers during depositions, which are out-of-court sworn testimonies.
• Postage and Copying: Administrative costs associated with preparing and sending documents.

How Are Case Expenses Handled?

Most wrongful death law firms, including ours, advance these case expenses on your behalf. This means you do not have to pay them out of your pocket as they arise. When your case concludes, these advanced expenses are reimbursed to the firm from the settlement or award, typically before the attorney's contingency fee is calculated. We will keep you fully informed about all expenses incurred throughout your case.

Why Hire a Pennsylvania Wrongful Death Lawyer?

Navigating the legal system after a wrongful death is complex, especially while grieving. An experienced wrongful death attorney can provide invaluable support and expertise:

• Investigate the Cause: We will thoroughly investigate the incident that led to your loved one's death to determine who is at fault. This might involve reviewing police reports, medical records, witness statements, and hiring experts. For instance, in a truck accident, we might examine compliance with 49 C.F.R. (FMCSRs) or 75 Pa. C.S. (Pennsylvania Vehicle Code) regulations.
• Identify All Responsible Parties: Often, more than one party can be held liable. We will identify all potential defendants.
• Calculate Damages: We will meticulously calculate all damages you are entitled to under Pennsylvania law. This can include medical and funeral expenses, loss of future earnings, loss of companionship, and pain and suffering the deceased experienced before death through a survival action.
• Negotiate with Insurance Companies: Insurance adjusters often try to minimize payouts. We will handle all communications and negotiations, protecting your rights and ensuring you are not pressured into an unfair settlement.
• File Necessary Paperwork: The legal process involves strict deadlines and specific procedures. We will ensure all documents are filed correctly and on time, including adherence to the statute of limitations for a personal injury claim.
• Represent You in Court: If a fair settlement cannot be reached, we are prepared to take your case to trial and advocate fiercely on your behalf.

Trying to manage these legal complexities while dealing with the emotional aftermath of a tragic loss can be overwhelming. Let us handle the legal burden so you can focus on your family.

What to do next

If you have lost a loved one due to someone else's negligence, contact a qualified Pennsylvania wrongful death attorney today for a free, no-obligation consultation. We can assess your situation and explain your legal options.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.

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Frequently Asked Questions

What is a wrongful death claim in Pennsylvania?

A wrongful death claim in Pennsylvania allows certain family members to seek compensation when a loved one dies due to someone else's negligence or wrongful act. It covers damages like funeral expenses, medical bills, and loss of financial support and companionship. This is separate from a survival action, which recovers damages for the deceased's estate.

How much does it cost to hire a wrongful death lawyer?

Most Pennsylvania wrongful death lawyers work on a contingency fee basis. This means you pay no upfront legal fees. The lawyer's fee is a percentage of the compensation they recover for you. If they don't win your case, you generally owe no attorney fees.

What is a contingency fee?

A contingency fee is an arrangement where your lawyer's payment is contingent upon a successful outcome in your case. The fee is a pre-agreed percentage of the final settlement or court award. This method ensures that legal representation is accessible to everyone, regardless of their current financial situation.

Are there other costs besides attorney fees?

Yes, beyond attorney fees, there are often case expenses or litigation costs. These can include court filing fees, costs for obtaining medical records, expert witness fees, and investigation expenses. Most firms advance these costs and are reimbursed from the settlement when the case concludes.

What types of damages can be recovered in a wrongful death case?

In a Pennsylvania wrongful death case, damages can include medical and funeral expenses, lost wages and financial support the deceased would have provided, and loss of companionship, comfort, and guidance. A separate survival action can recover for the deceased's pain and suffering before death and lost earning capacity.

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

In Pennsylvania, the statute of limitations for a wrongful death claim is generally two years from the date of your loved one's death. It is crucial to contact an attorney promptly to ensure your rights are protected and that all necessary legal steps are taken within this timeframe.

Serving injured Pennsylvanians in: Philadelphia · Pittsburgh · Harrisburg.