Losing a family member because of someone else's negligence is a devastating experience. The weeks that follow are often filled with grief, confusion, and financial uncertainty. While no legal outcome can undo what happened, Pennsylvania law gives surviving family members the right to pursue accountability and compensation from the parties responsible for their loved one's death.
Shenderovich, Shenderovich & Fishman, P.C. represents families throughout Westmoreland County in wrongful death claims, providing compassionate and experienced legal counsel when it matters most. We investigate the circumstances of your loved one's death, identify every responsible party, and pursue the full compensation your family is entitled to under Pennsylvania law.
What Is a Wrongful Death Claim in Westmoreland County?
A wrongful death claim is a civil lawsuit brought on behalf of a deceased person's surviving family members against the party or parties whose negligence, recklessness, or intentional misconduct caused the death. Unlike a criminal prosecution, which the state brings and which requires proof beyond a reasonable doubt, a wrongful death claim is a civil action that the family initiates and that requires proof by a preponderance of the evidence.
In Pennsylvania, wrongful death claims are governed by the Pennsylvania Wrongful Death Act. The claim is filed by the personal representative of the deceased's estate, typically a surviving spouse, adult child, or other appointed representative, on behalf of the family members entitled to recover. Wrongful death claims in Westmoreland County are filed in the Court of Common Pleas of Westmoreland County, located in Greensburg.
Pennsylvania also recognizes a companion claim called a survival action, which allows the estate to seek losses for what the deceased personally experienced between the time of injury and death, including pain and suffering, medical expenses, and lost earnings. Both claims are typically filed together, and pursuing both is important to securing the full recovery available to your family.
Who Is Eligible to File a Wrongful Death Claim in Pennsylvania?
Under Pennsylvania law, the personal representative of the deceased's estate has the legal authority to file the wrongful death claim. The proceeds of the claim, however, are distributed to specific family members rather than to the estate itself.
Those entitled to recover include:
- Surviving spouse of the deceased
- Deceased's children, including adult children
- Deceased's parents, if no spouse or children survive
If none of these relatives survive the deceased, the proceeds pass to the estate. When minor children are beneficiaries, the court may impose additional requirements to ensure their share is properly protected and managed.
Pennsylvania law requires that a wrongful death claim be filed within two years of the date of death. Missing this deadline typically forecloses the family's right to pursue any recovery, which is why contacting an attorney as early as possible after a loss is critical.
Types of Wrongful Death Cases We Handle in Westmoreland County
Shenderovich, Shenderovich & Fishman, P.C. represents families in wrongful death cases arising from a wide range of circumstances, including:
- Car, truck, and motorcycle accidents caused by negligent or impaired drivers
- Pedestrian and bicycle accidents involving inattentive or reckless motorists
- Workplace accidents and construction site fatalities
- Defective products and dangerous consumer goods
- Premises liability incidents, including slip and fall accidents and inadequate security situations
- Medical malpractice, including misdiagnosis, surgical errors, and failure to treat
- Nursing home neglect and elder abuse resulting in death
- Drug and alcohol-related accidents caused by impaired drivers
Each type of case involves distinct legal standards and investigative requirements. Our firm has experience across this full range of wrongful death scenarios and knows how to build a compelling case regardless of how the death occurred.
How Fatal Accidents Commonly Occur in Westmoreland County
Westmoreland County's combination of rural highways, suburban corridors, and industrial areas creates specific conditions that contribute to fatal accidents throughout the region. Route 30, Route 119, and the Pennsylvania Turnpike (I-76) are among the busiest roads in the county and have been the sites of serious and fatal crashes. Rural roads connecting communities like Greensburg, Jeannette, Latrobe, and Connellsville often lack adequate lighting and shoulder space, increasing the risk of fatal accidents after dark.
The county's manufacturing and construction industries also contribute to workplace fatalities, along with nursing homes and long-term care facilities throughout the region that have faced scrutiny for resident care standards. Whatever the setting, if a death in Westmoreland County was caused by someone else's negligence, the family has the right to pursue accountability through the legal system.
What Compensation Is Available in a Westmoreland County Wrongful Death Case?
Pennsylvania's Wrongful Death Act allows surviving family members to recover a broad range of economic losses resulting from the death. These include:
- Funeral and burial expenses
- Medical expenses incurred between the injury and death
- The income the deceased would have earned over their expected working life
- The value of benefits, including pension and retirement contributions
- The value of household services and support the deceased provided to the family
The companion survival action allows the estate to pursue additional compensation for the losses the deceased experienced personally before dying, including conscious pain and suffering, lost earnings from the time of injury to death, and medical costs. Together, these two claims provide the most complete picture of the total harm caused by the death.
In cases involving particularly egregious conduct, such as a drunk driver, a grossly negligent employer, or a facility that ignored obvious warning signs, punitive damages may also be available. Punitive damages are not tied to the family's actual losses but are designed to punish the defendant and deter similar conduct.
Why Choose Shenderovich, Shenderovich & Fishman, P.C. for Your Wrongful Death Claim
Shenderovich, Shenderovich & Fishman, P.C. has built its practice around representing individuals and families in Westmoreland County who have been seriously harmed by the negligence of others. Wrongful death cases require a combination of compassionate client support and aggressive legal advocacy, and our team delivers both. When your family works with us, we can:
- Conduct a thorough independent investigation of the circumstances surrounding your loved one's death.
- Identify every party whose negligence contributed and pursue all available sources of compensation.
- Work with medical experts, accident reconstruction specialists, and economic analysts to document the full extent of your family's losses.
- Handle all communications with insurance companies and defense attorneys so your family is not pressured into accepting an inadequate settlement.
- Navigate the Westmoreland County Court of Common Pleas filing and approval process on your behalf.
- Pursue both the wrongful death claim and survival action to maximize your total recovery.
- Keep your family informed at every stage so you always understand where the case stands and what comes next.
We handle wrongful death cases on a contingency fee basis, meaning there is no cost to your family unless we recover compensation for you.
Speak With a Westmoreland County Wrongful Death Lawyer Today
Your family deserves answers, accountability, and the financial support the law provides. The wrongful death attorneys at Shenderovich, Shenderovich & Fishman, P.C. are ready to stand with you through this process and fight for the outcome your loved one deserves. Contact us today at (412) 391-7610 to schedule your free, confidential consultation.
