The loss of a loved one due to another person’s negligence is devastating. For many Pennsylvania families, the question of whether a wrongful death case will end up in court adds even more stress to an already painful process. While most wrongful death claims in Pennsylvania settle out of court, some do proceed to trial when parties cannot agree on liability or compensation. Understanding how and when a wrongful death lawsuit may go before a judge or jury can help families make informed decisions and prepare for what lies ahead.
Understanding Wrongful Death Claims in Pennsylvania
Pennsylvania’s wrongful death laws allow surviving family members to recover financial compensation for the loss of a loved one caused by another’s wrongful act, negligence, or unlawful violence. The relevant law, 42 Pa. C.S. §8301, authorizes a claim when the deceased could have pursued a personal injury action had they survived.
In practice, this means that if someone dies due to a car crash, medical malpractice, defective product, or other negligent behavior, their personal representative—usually the executor of the estate—may file a wrongful death claim on behalf of eligible beneficiaries.
Beneficiaries typically include:
- The surviving spouse
- Children
- Parents (if no spouse or children survive)
Compensation may cover funeral costs, lost income, medical expenses, and the emotional suffering of family members. But whether that compensation is obtained through settlement or court trial depends on several key factors.
When Most Pennsylvania Wrongful Death Cases Settle
Most wrongful death claims in Pennsylvania are resolved through settlement rather than going to court. This happens when the defendant’s insurance company acknowledges liability and both parties can agree on a fair amount of damages. Settlements are often preferred because they:
- Save families time and emotional strain.
- Avoid the uncertainty of a jury verdict.
- Protect the privacy of all involved.
- Provide faster access to financial recovery.
For instance, if a drunk driver causes a fatal crash and there’s clear evidence of negligence, the insurance carrier may settle early to minimize legal exposure. However, when liability is disputed—or when the value of damages is heavily contested—litigation may be necessary.
Reasons a Pennsylvania Wrongful Death Case Might Go to Court
A wrongful death case in Pennsylvania proceeds to trial when the parties cannot reach an agreement during pretrial negotiations or mediation. Common reasons include:
Disagreement on Fault: The defendant denies responsibility or claims the deceased was partially at fault. Under Pennsylvania’s modified comparative negligence rule (42 Pa. C.S. §7102), a victim’s family can only recover damages if the deceased was less than 51% responsible for the incident.
Dispute Over Damages: Insurance companies may undervalue economic losses such as lifetime earnings or medical bills, or dispute non-economic damages like pain and suffering.
Complex or High-Value Claims: Cases involving medical malpractice, product defects, or corporate negligence often require expert testimony and evidence that can only be presented at trial.
Multiple Defendants or Jurisdictions: When several parties share blame—such as in trucking or construction accidents—the process can become too complicated for out-of-court resolution.
Bad Faith or Delays: Some insurers refuse to negotiate fairly, pushing families toward court intervention to compel fair treatment.
The Process of Taking a Wrongful Death Case to Court in Pennsylvania
If settlement negotiations fail, the plaintiff’s attorney may file a wrongful death lawsuit in a Pennsylvania Court of Common Pleas. The litigation process generally unfolds as follows:
- Filing the Complaint: The attorney officially files a complaint naming the responsible party and outlining the wrongful act that caused death.
- Discovery Phase: Both sides exchange evidence, including medical records, expert reports, depositions, and financial documentation.
- Pre-Trial Motions and Mediation: Courts often encourage mediation before trial. However, if mediation fails, the case moves forward.
- Trial: Each side presents its evidence before a jury or judge, who determines liability and the amount of compensation.
- Appeals: If either side disagrees with the verdict, they can file an appeal, potentially prolonging the case.
This process can take months or even years, depending on the complexity of the evidence and the court’s schedule.
Settlements vs. Trials: What Families Should Consider
For many families, deciding whether to accept a settlement or go to trial is one of the most challenging decisions. Each path has benefits and risks:
Advantages of Settling:
- Quicker resolution
- Less public exposure
- Predictable outcome
- Reduced legal fees
Advantages of Going to Court:
- Opportunity for full compensation if the insurer underestimates damages
- Ability to hold negligent parties publicly accountable
- Potential for punitive damages in cases of gross negligence or intentional harm
Your attorney’s role is to help evaluate whether settlement offers truly reflect the long-term financial and emotional losses your family has suffered.
Key Pennsylvania Statutes That Impact Wrongful Death Trials
Several Pennsylvania laws influence how wrongful death claims proceed to trial and how damages are determined:
- 42 Pa. C.S. §8301 governs wrongful death actions.
- 42 Pa. C.S. §8302 allows a separate survival action, which recovers damages the deceased could have claimed if they had lived.
- 42 Pa. C.S. §5524(2) sets a two-year statute of limitations for filing wrongful death lawsuits.
Failure to file within this two-year period generally bars recovery, though exceptions exist for fraud, concealment, or discovery of new evidence.
Example Scenario: A Pennsylvania Wrongful Death Trial in Practice
Consider this real-world example: a 42-year-old construction worker in Philadelphia died after a scaffolding collapse. The employer’s insurer offered $300,000 in settlement, claiming partial fault by the victim for not wearing safety gear. The family’s attorney, citing OSHA violations and eyewitness testimony, refused the offer and pursued litigation. At trial, the jury found the construction company 90% at fault and awarded $1.5 million in damages, including lost future earnings and emotional distress for surviving children.
This outcome demonstrates how going to court—though stressful—can result in substantially higher compensation when liability and damages are strongly supported by evidence.
What Affects the Duration of a Wrongful Death Case in Pennsylvania
A Pennsylvania wrongful death lawsuit’s timeline varies widely. Some factors that influence the duration include:
- Complexity of evidence (medical malpractice and product defect cases can require multiple expert witnesses)
- Number of defendants involved
- Court backlog in the specific county
- Willingness of insurers to negotiate in good faith
- Whether appeals are filed post-trial
For many families, a typical wrongful death case may take 18 months to three years from filing to resolution, depending on whether it settles early or goes before a jury.
How a Pennsylvania Wrongful Death Lawyer Helps Families
An experienced wrongful death attorney provides more than legal representation—they offer guidance through every stage of grief, investigation, and recovery. Their responsibilities include:
- Investigating the cause of death and identifying liable parties.
- Calculating the full value of losses, including future income and emotional support.
- Handling negotiations with insurers.
- Filing all legal documents and meeting deadlines.
- Representing the family in court when settlement fails.
Having a lawyer who understands Pennsylvania’s procedural rules and local courts is essential for ensuring justice is served and fair compensation is achieved.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
If your loved one’s death in Pennsylvania was caused by negligence, you don’t have to navigate the legal system alone. At Brandon J. Broderick, Attorney at Law, we understand how overwhelming wrongful death cases can feel—especially when you’re grieving and trying to protect your family’s future. Our compassionate legal team can handle every detail, from investigating liability to negotiating settlements or representing you in court. Whether your case resolves through settlement or goes to trial, we fight for maximum compensation and accountability. Speak with an experienced Pennsylvania wrongful death lawyer today and start moving toward justice.