Don’t Suffer Alone After Loss

Last updated on May 26, 2026

When somebody you love dies because of negligence, whether on the part of an employer, a hospital or another party, you, as a survivor, are left emotionally and financially devastated. You may not know how to move on alone.

Moving On With Our Help

Luckily, you don’t have to. O'Donnell, Weiss & Mattei, P.C., is a firm with a unique focus on personal injury suits, including wrongful death.

“Wrongful death” means death caused by the negligence or misconduct of another person or party, and it is used to describe the types of lawsuits brought by the survivors against the person or company that caused the death. The negligence can be accidental or intentional. It can be the act of a single person or a corporation.

Pennsylvania law provides for the compensation of any survivors when a wrongful death occurs. Survivors (or “beneficiaries”) include the spouse and minor children of a deceased adult. In the case of a deceased minor, it is the parents of the deceased minor who are considered survivors.

Depending on the details of the case, damages awarded could include:

• Death expenses
• Loss of the victim’s income and other benefits
• Pain and suffering
• Loss of companionship

Wrongful Death Claims Versus Survival Actions In Pennsylvania

In Pennsylvania, certain family members and individuals can file a wrongful death claim and a survival action for their loved one’s fatal accident. Although the deceased’s personal representative files these two claims together, they serve separate purposes and compensate for different losses.

For instance, a wrongful death action compensates surviving family members for the damages they have lost, while a Pennsylvania survival action compensates the deceased’s estate for the losses they suffered before passing away.

Type of claim	Wrongful death	Survival actions
Who can file it	The deceased’s spouse, children or parents	Personal representative (PR)
Types of damages	Pecuniary loss, “out-of-pocket expenses” such as hospital and medical bills, funeral costs and necessary expenses of administering the deceased’s estate	Compensation for pain and suffering before death, lost earning capacity and punitive damages
Who receives the compensation	The deceased’s statutory beneficiaries receive the payments directly, and creditors cannot access them	The PR distributes the proceeds according to the deceased’s will or state intestacy laws, and creditors may claim them
Statute of limitations	Two years from the date of death	Two years from the date of death

 

To help families take time to grieve their losses, it is vital to seek caring guidance from a Pottstown wrongful death lawyer who can help them calculate varying types of damages and file the claims in court. Our compassionate attorneys at OWM Law can walk you through the entire process with ease and peace of mind.

Reach Out To Our Wrongful Death Attorneys Today

If you have lost a loved one due to the negligence of another person or entity, our lawyers will guide you through the complexities of the legal system, advise you of your options and bring action against the negligent party to seek compensation for your emotional and financial loss.

Call our Phoenixville or Pottstown office today at 610-323-2800 to schedule your free initial consultation with one of our dedicated attorneys. You can also send us a confidential message using our contact form. We serve individuals and families throughout southeastern Pennsylvania.