Fulginiti Law
By Ken Fulginiti | Founder, Fulginiti Law
Losing a loved one due to negligence or wrongful actions is one of the most devastating experiences a family can endure. In such tragic situations, wrongful death lawsuits provide a legal path for families to seek justice and financial compensation. This guide covers what a wrongful death claim entails, who can file, the legal process, potential compensation, and how to choose the right Philadelphia wrongful death lawyer.
A wrongful death lawsuit is a civil claim filed by surviving family members or the estate against the party responsible for the death — typically when it was caused by negligence, recklessness, or intentional misconduct.
It is important to understand that a wrongful death case is a civil matter — entirely separate from any criminal charges. A criminal case punishes the wrongdoer; a civil case compensates the family, with a lower burden of proof — so a family can win even when no criminal conviction resulted.
Wrongful death claims arise from many kinds of incidents:
In each case, a wrongful death attorney can help determine whether there is a viable claim and the best course of action.
Each state has specific laws about who can bring a wrongful death claim. Generally, the following parties may be eligible:
Before filing a claim, it is crucial to consult with a wrongful death attorney to determine eligibility based on state laws. In Pennsylvania, the claim is filed by the deceased person’s personal representative, but the recovery belongs to the surviving spouse, children, and parents.
Pennsylvania families are often surprised to learn that two separate claims can arise from the same death — and understanding the difference matters, because each compensates different losses:
When a loved one survives for a time after the injury before passing, the survival action can be substantial. When death is instantaneous, the wrongful death claim carries most of the value. We evaluate both in every case so nothing is left on the table.
New Jersey handles these claims under its own statute, the Wrongful Death Act (N.J.S.A. 2A:31-1). The action is brought by an administrator ad prosequendum — a representative appointed specifically to pursue the lawsuit — for the benefit of the people who were dependent on the deceased, such as a spouse, children, or parents.
One critical difference families should know: New Jersey wrongful death damages focus on the family’s pecuniary (financial) losses — lost income and financial support, lost services like childcare and household management, and funeral expenses. Unlike Pennsylvania, New Jersey generally does not allow recovery for grief, emotional distress, or loss of companionship in a wrongful death action.
For a wrongful death claim to be successful, the plaintiff must prove that negligence or misconduct directly led to the death of their loved one. The legal elements required to establish liability include:
An experienced Philadelphia wrongful death lawyer will gather evidence, witness testimonies, and expert opinions to build a strong case — including medical records and autopsy reports, police and accident reports, and testimony from medical, engineering, or economic experts.
Wrongful death settlements aim to provide financial relief to surviving family members who have suffered economic and non-economic losses. Compensation may include:
In cases of extreme negligence or intentional misconduct, punitive damages may also be awarded to punish the responsible party and prevent similar behavior in the future.
The amount of compensation varies based on several factors, including:
Wrongful death settlements can range from tens of thousands to millions of dollars, depending on the case specifics — the deceased’s age and earning capacity, the severity of the negligence, and the family’s losses all shape the outcome.
The deadlines are strict, and they differ by state:
There are exceptions — the discovery rule can extend the clock when negligence wasn’t immediately discoverable, while claims against government entities carry much shorter notice deadlines. Missing the deadline can end the case permanently, so speak with a wrongful death attorney as soon as possible.
In the midst of grief, a few early actions protect both the family’s rights and the strength of any future claim:
Selecting the best attorney for your case can significantly impact the outcome. When hiring a wrongful death lawyer, consider:
At Fulginiti Law, catastrophic injury — including the wrongful death claims that arise from it — is the core of what we do.
Fulginiti Law has recovered significant settlements for families who lost loved ones to negligence across Pennsylvania and New Jersey, including:
$9 Million · $5 Million · $4.5 Million
The confidential $9 million settlement was obtained against a trucking company for a truck collision fatality. Tenacious discovery established through phone and other records that the driver was driving on little to no sleep and should have been terminated prior to the day’s tragic events.
The attorneys at Fulginiti Law obtained a $5,000,000 confidential settlement for a passenger in a vehicle struck and killed by construction debris that fell off of a truck passing in the opposite direction on the Turnpike.
Ken represented the family of Stanley Zarzecki, a cell tower worker who fell and suffered fatal injuries while working on a rooftop one evening. Extensive discovery revealed significant failures associated with the building design resulting in the incident.
Prior results do not guarantee a similar outcome. Each case is different and must be evaluated on its own facts.
Excerpts from client reviews on Google.
Ken and his team took great care of me when I was in need.
— Rob Roberts · Read Rob Roberts’s full review on Google
He was always available if I had any questions, whether those questions were big, small, and sometimes irrelevant.
— Maria Mangano · Read Maria Mangano’s full review on Google
Ken worked tirelessly along with Sarah and staff as they were always available to answer my questions or concerns…
— Bob Donnelly · Read Bob Donnelly’s full review on Google
While filing without a lawyer is possible, these lawsuits are complex — particularly where both wrongful death and survival claims exist, or multiple defendants share fault. Sources: 42 Pa.C.S. § 8301 (PA Wrongful Death Act); N.J.S.A. 2A:31-1 (NJ Wrongful Death Act).
Most wrongful death attorneys work on a contingency fee basis, meaning they only get paid if you win the case. Their fees are typically a percentage of the settlement, discussed transparently before you sign anything. Sources: Pa. Rules of Professional Conduct 1.5 (contingent fees); NJ RPC 1.5.
Yes, if medical malpractice or negligence caused the death — including misdiagnosis, surgical errors, medication mistakes, or failure to provide proper care. Medical malpractice wrongful death cases require expert medical testimony and face additional procedural rules in both states. Sources: 42 Pa.C.S. § 8301; N.J.S.A. 2A:31-1.
The timeline varies, but cases can take several months to a few years, depending on complexity, negotiations, and whether the case goes to trial. Cases involving medical malpractice or multiple defendants typically take longer. Sources: Pennsylvania Rules of Civil Procedure (pacourts.us); NJ Courts civil case processing (njcourts.gov).
The claim is filed by the deceased person’s personal representative, but the recovery belongs to the surviving spouse, children, and parents under the Wrongful Death Act. If no personal representative has been appointed, one can be designated for the purpose of the lawsuit. Sources: 42 Pa.C.S. § 8301.
A wrongful death claim compensates surviving family members for their own losses — lost support, services, and companionship. A survival action continues the claim the deceased could have brought — pain and suffering and lost earnings between injury and death — with recovery going to the estate. Most fatal-injury cases pursue both. Sources: 42 Pa.C.S. § 8301; 42 Pa.C.S. § 8302.
Generally two years from the date of death under 42 Pa.C.S. § 5524. Exceptions can apply — particularly the discovery rule in medical malpractice cases — and claims against government entities carry much shorter notice deadlines. Sources: 42 Pa.C.S. § 5524.
Generally two years from the date of death under N.J.S.A. 2A:14-2, with similar exceptions for latent negligence and shorter notice requirements for public-entity claims. Sources: N.J.S.A. 2A:14-2.
New Jersey focuses on the family’s pecuniary losses — lost financial support and income, the value of lost household services, medical expenses before death, and funeral costs. Unlike Pennsylvania, New Jersey generally does not allow recovery for grief, emotional distress, or loss of companionship in a wrongful death action. Sources: N.J.S.A. 2A:31-1; N.J.S.A. 2A:31-5.
Preserve medical records, the death certificate, and any accident reports; do not sign releases or accept quick settlement offers from insurers; avoid public discussion of the case; and speak with a wrongful death attorney as early as possible — evidence fades and deadlines run even while a family grieves. Sources: 42 Pa.C.S. § 5524; N.J.S.A. 2A:14-2.
Losing a loved one is devastating, and no amount of money can replace them. But a wrongful death claim can provide financial stability and hold the responsible party accountable. If you believe you have a case, speak with an experienced Philadelphia wrongful death lawyer today — a free consultation can help you understand your rights and the best path forward.
Get the legal help you need. Contact Fulginiti Law today to discuss your case and start the process of seeking justice and compensation.
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2005 Market Street, Suite 3710
Philadelphia, PA 19103
