Pittsburgh
Wrongful Death Lawyer

Losing a loved one because of someone else’s negligence is a devastating experience. While no legal action can replace the person you lost, Pennsylvania law allows certain surviving family members to pursue compensation and hold the responsible party accountable.

At Ogg, Murphy & Perkosky, P.C., we have represented injury victims and families throughout Western Pennsylvania since 1981. Over the years, we have recovered hundreds of millions for our Pittsburgh clients.

We understand the challenges families face after a preventable death and are here to provide experienced legal guidance every step of the way.

Call Our Attorneys: (412) 471-8500

Understanding Wrongful Death Claims

A wrongful death claim is a civil action that allows certain surviving family members to seek compensation when a person’s death was caused by another individual or organization’s negligence or wrongful conduct.

Although no legal claim can undo the loss of a loved one, pursuing a wrongful death claim may help provide financial stability while holding the responsible party accountable.

Wrongful death claims are separate from criminal proceedings. Even if criminal charges are filed, or if no criminal charges are brought, a civil wrongful death claim may still be available. The outcome of one proceeding does not necessarily determine the outcome of the other.

Because every family’s circumstances are different, understanding your legal rights early can help you make informed decisions about the next steps.

Who Can File a Wrongful Death Claim in Pittsburgh?

Pennsylvania law recognizes two separate legal actions that may arise after a fatal accident: a wrongful death claim and a survival action. Although they are closely related, they serve different purposes and may be pursued together in many cases.

Under 42 Pa. C.S. § 8301, a wrongful death claim is brought on behalf of certain surviving family members to recover compensation for the losses they experienced as a result of their loved one’s death. The claim is generally filed by the personal representative of the estate for the benefit of eligible family members.

Survival Actions

Under 42 Pa. C.S. § 8302, a survival action allows the estate to pursue the claim the deceased person could have brought had they survived. Depending on the circumstances, this may include damages such as medical expenses incurred before death, lost earnings, and conscious pain and suffering experienced before death.

Who May Receive Compensation?

A wrongful death claim may allow eligible family members to recover compensation for certain financial and personal losses resulting from the death. The damages available depend on the facts of the case and the applicable law. Because every family’s situation is unique, determining which claims may apply depends on the specific facts of the case.

Under Pennsylvania law, wrongful death claims generally must be filed within two years of the date of death. Related survival actions may be subject to different timing depending on the circumstances. Missing the applicable deadline may prevent your family from recovering compensation.

Compensation Available in a Wrongful Death Claim

The financial impact of losing a loved one often extends well beyond immediate expenses. Pennsylvania law allows eligible family members and, in some cases, the estate to seek compensation for losses resulting from a wrongful death.

Depending on the circumstances of the case, compensation may include:

The value of a wrongful death claim depends on many factors, including the circumstances surrounding the death, the financial losses experienced by the family, and the evidence supporting the claim.

  • Lost earnings recoverable through a survival action
  • Funeral expenses
  • Burial expenses
  • Conscious pain and suffering experienced before death through a survival action
  • Medical expenses incurred before death
  • Lost financial support
  • Loss of household services
  • Loss of companionship, comfort, and guidance
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Types of Wrongful Death Cases We Handle

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Slip and fall accidents
  • Workplace accidents
  • Construction accidents
  • Medical negligence
  • Defective products

If your loved one’s death resulted from circumstances not listed above, you may still have legal options. Every case is unique, and a consultation can help determine whether a wrongful death claim may be available.

Why Acting Quickly Matters

After a fatal accident, important evidence can become more difficult to obtain. Surveillance footage may be overwritten, physical evidence may be lost, and witnesses’ memories can fade over time.

Seeking legal guidance promptly can help preserve evidence, identify potentially responsible parties, and ensure important legal deadlines are met. It also provides an opportunity to begin gathering the documentation needed to support your family’s claim.

How We Handle Wrongful Death Claims

Losing a loved one is an emotional and overwhelming experience. Our goal is to guide families through the legal process while handling the work involved in building and pursuing a wrongful death claim.

  • Step 1: Schedule a Free Case Evaluation
    We begin by learning about your family’s situation, answering your questions, and explaining your legal options. During your consultation, we review the circumstances surrounding your loved one’s death and discuss whether a wrongful death claim or survival action may apply.
  • Step 2: Investigate the Circumstances of the Death
    Building a wrongful death claim begins with a thorough investigation. Depending on the circumstances, this may include reviewing accident reports, medical records, photographs, surveillance footage, witness statements, and other available evidence.
  • Step 3: Gather Documentation to Support the Claim
    Wrongful death claims often require documentation showing both how the incident occurred and the impact it has had on the surviving family. We gather the records and information needed to evaluate the claim and determine the damages that may be available.
  • Step 4: Assist With the Personal Representative Process
    Pennsylvania law generally requires a personal representative to bring a wrongful death claim on behalf of eligible family members. If needed, we can explain this process and help your family understand the steps involved.
  • Step 5: Communicate With Insurance Companies and Other Parties
    After you hire our firm, we handle communications with insurance companies and other parties involved in the claim. This allows your family to focus on personal matters while we manage the legal process.
  • Step 6: Pursue Compensation Through Settlement or Trial
    Many wrongful death claims are resolved through settlement negotiations. If a fair resolution cannot be reached, we are prepared to pursue the claim through litigation when appropriate.

We handle wrongful death cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for your family.

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ABOUT
Why Choose Us For Wrongful Death Cases

Choosing legal representation after the loss of a loved one is an important decision.

Families often have questions about the legal process while also coping with the emotional and financial impact of their loss.

Since 1981, Ogg, Murphy & Perkosky, P.C. has represented injury victims and families throughout Pittsburgh and Western Pennsylvania. We work closely with our clients, explain each stage of the process, and pursue compensation on their behalf while they focus on their families.

Our firm handles wrongful death claims on a contingency fee basis. There are no upfront attorney fees, and you owe nothing unless we recover compensation for your family.

Get Your Free Case Evaluation
“

Best law firm anywhere. Professional, caring, thorough and will do everything they can to help you get you through a harrowing time. I can’t recommend them enough! You don’t want any other firm on your side.

– S. F.
“

The best firm in the city, and I'm not just saying that because of my name! Their level of legal knowledge here is unparalleled. Whether it's a personal injury or medical malpractice case, this firm is equipped to handle even the most complex matters. Their track record truly speaks for itself!

– B. O.
“

First of all, I would like to thank the firm of Ogg, Murphy & Perkosky for their great work and their commitment in helping me with my case and the way Mr. Gobel took his time walking me through the process and the details. I would recommend this firm to anyone who is looking for legal counsel.

– J. M.
“

Best law firm, ever! I cannot say enough great things about Jon Perkosky. He is very passionate about what he does, and is a fabulous attorney. He's the best! He will fight, and fight hard.

– B. P.
“

We would highly recommend John Perkosky. He worked very hard for us, as did all at the firm. Working with John, Mike, and Michelle was a pleasure.

– G. M.

Frequently Asked Questions About Pittsburgh Wrongful Death Claims

View All FAQs

Under Pennsylvania law, a wrongful death claim is generally filed by the personal representative of the deceased person’s estate on behalf of eligible family members, including the surviving spouse, children, or parents.

A wrongful death claim seeks compensation for losses experienced by eligible surviving family members as a result of the death. A survival action allows the estate to pursue damages the deceased person could have recovered had they survived, such as medical expenses, lost earnings, and conscious pain and suffering before death.

In many cases, Pennsylvania law requires a wrongful death claim to be filed within two years of the date of death. However, deadlines can vary depending on the circumstances, so it is important to seek legal guidance as soon as possible.

Pennsylvania follows a modified comparative negligence rule. Depending on the circumstances, a claim may still proceed if the deceased person’s share of fault was less than 51%, although any recovery may be reduced based on that percentage of fault.

Not necessarily. Many wrongful death claims are resolved through settlement negotiations. If a fair settlement cannot be reached, the claim may proceed through litigation.

Not necessarily. Under Pennsylvania law, wrongful death proceeds are generally distributed among eligible family members according to the state’s intestacy laws, though the exact allocation depends on the family structure and circumstances involved. An attorney can help clarify how compensation would likely be distributed in your family’s situation.

We handle wrongful death claims on a contingency fee basis. There are no upfront attorney fees, and you owe nothing unless we recover compensation for your family. We also offer a Free Case Evaluation with no obligation.

Discuss Your Wrongful Death Claim With Our Attorneys

The loss of a loved one can leave families facing emotional hardship, unexpected financial burdens, and an uncertain future. While no legal action can replace your loss, a wrongful death claim may provide compensation for funeral expenses, lost financial support, loss of companionship, and other damages.

Our attorneys are here to evaluate your case, explain your legal options, and help your family pursue the justice and compensation you deserve.

Contact us today at (412) 471-8500 for a free case evaluation.

Call (412) 471-8500 today for a free case evaluation.

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    The results obtained in any particular case depend upon the specific facts and circumstances of that case. Past verdicts and settlements do not guarantee or predict a similar outcome in future cases.

    245 Fort Pitt Blvd., Pittsburgh, PA 15222, US