When someone’s life is cut short due to another person’s negligence or misconduct, Pennsylvania law allows surviving family members to seek justice through a wrongful death claim. These cases can provide compensation for funeral expenses, lost income, and emotional suffering. In Berks County, filing a wrongful death lawsuit involves specific legal steps and deadlines. An experienced attorney can explain your rights and help you take action during an incredibly difficult time.

Why Families Trust Us in Wrongful Death Cases

Losing a loved one unexpectedly is devastating. We represent families with compassion, discretion, and a focus on securing real results. Our legal team understands that every case is personal—and every decision matters.

What sets our firm apart:

  • Trusted by Berks County families for decades
  • Experience with complex wrongful death litigation and settlements
  • Careful case evaluation with a focus on full financial recovery
  • Skilled at proving negligence, liability, and long-term damages
  • Responsive and respectful support through every stage of the process

We help clients pursue accountability while protecting their rights with care and clarity.

What Qualifies as a Wrongful Death Case in Pennsylvania?

A wrongful death occurs when someone dies due to another party’s negligent, reckless, or intentional conduct. These claims are civil matters, separate from any criminal proceedings that may be brought.

Common causes of wrongful death include:

If the person would’ve had a valid personal injury claim had they survived, their surviving family may have grounds for a wrongful death action.

Who Can File a Wrongful Death Lawsuit in Berks County?

In Pennsylvania, wrongful death claims must be filed by the personal representative of the deceased person’s estate. This is usually the executor named in a will. If there is no will, the court can appoint someone.

If the personal representative does not file a claim within six months of the date of death, eligible family members may bring the action themselves.

Beneficiaries who may recover damages include:

  • A surviving spouse
  • Children (minor or adult)
  • Parents (if no spouse or children survive)

Compensation from a wrongful death claim is typically distributed according to Pennsylvania’s intestacy laws, unless a will states otherwise.

What Compensation Can Be Recovered?

Wrongful death claims aim to relieve the financial burdens caused by the loss and compensate for the emotional impact. Recoverable damages may include:

  • Funeral and burial expenses
  • Medical bills related to the final illness or injury
  • Loss of future earnings and benefits
  • Loss of household services, support, and companionship
  • Grief and mental anguish (in survival claims)

In some cases, punitive damages may be available if the conduct involved gross negligence or willful misconduct.

Pennsylvania law also allows the estate to bring a survival action, which seeks damages the deceased could have claimed had they lived—such as pain and suffering before death.

How Do Wrongful Death Claims Work in Pennsylvania?

The process generally begins with an investigation into the cause of death and who may be legally responsible. Your attorney may collect medical records, accident reports, witness statements, and expert opinions.

Steps typically include:

  • Filing a wrongful death and/or survival claim in civil court
  • Attempting settlement negotiations with the responsible party or insurer
  • Proceeding to trial if a fair resolution cannot be reached

Pennsylvania imposes a two-year statute of limitations, meaning most claims must be filed within two years of the date of death. It’s important to seek legal counsel early to avoid losing your right to recover.

How We Support Families in Berks County After a Loss

Our wrongful death attorneys work closely with families throughout Berks County and the surrounding region. We know how difficult these moments are, and we tailor our approach to meet each client’s emotional and legal needs.

We provide:

  • Private consultations to review your case
  • Clear communication about your options and next steps
  • Strategic handling of evidence, experts, and negotiations
  • Strong representation in court, if needed
  • Continued support throughout the legal process

We’re committed to helping your family move forward while honoring your loved one’s memory.

Justice Begins with the Right Legal Support

No legal case can replace what has been lost—but a wrongful death claim can help ease the financial burden and provide a sense of accountability. If someone else’s actions caused your loved one’s death, you deserve answers and support. Contact Kozloff Stoudt in Berks County for a confidential consultation. We’re here to help your family navigate this difficult time with clarity, compassion, and experience.

People Also Ask

Can a wrongful death lawsuit be filed if there’s also a criminal case?

Yes. A wrongful death claim is a civil action and can proceed even if criminal charges are filed—or if the criminal case results in no conviction. The legal standards for civil and criminal cases are different.

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

In most cases, you have two years from the date of death to file a wrongful death or survival claim. There are exceptions, so it’s best to consult an attorney as soon as possible.

3. What if the deceased person did not have a will?

A personal representative can still be appointed by the court. Wrongful death compensation will be distributed to family members according to Pennsylvania’s intestacy laws if no will exists.

4. Can multiple family members file separate wrongful death lawsuits?

No. Only one wrongful death action can be brought, usually by the estate. However, the proceeds may benefit multiple family members depending on their relationship to the deceased.