Wrongful Death

In cases where death was caused by the negligence of an individual or entity, Pennsylvania "wrongful death" laws provide
a remedy for your loss.

We've all seen loved ones struggle with challenging health issues, undergo operations or attempt to manage the care of an elderly parent or relative. It's part of life. Leaning on the support of trustworthy, competent medical personnel gives us all a little extra peace of mind. But sometimes things go wrong and someone you love succumbs to an untimely death. In the midst of your grief, you may instinctively feel that something just isn't right, that death could have been avoided, that another person or entity may be to blame. Sadness. Anger. Confusion. Feelings like these are perfectly normal. But you can use those emotions constructively. Follow your instincts. Start asking questions. Call us and ask for a free case review. We can help you figure things out and determine if negligence or misconduct played a part in your loved one's passing.

A wrongful death lawsuit claims that the victim was killed as a result of negligence or other type of unjust action on the part of the person or entity being sued, and that the victim's survivors are entitled to monetary damages as a result of the improper conduct.

Pennsylvania's wrongful death statutes generally consists of four elements: (1) the death was caused, in whole or part, by the conduct of the defendant; (2) the defendant was negligent or strictly liable for the victim's death; (3) there is a surviving spouse, children, beneficiaries or dependents; and (4) monetary damages have resulted from the victim's death.

If a loved one's death could have been prevented, you may be entitled to financial compensation as a result of the defendant's negligence. Filing a lawsuit against the negligent party will help the family cover the costs associated with death and provide for the future.

Some of the benefits you may be entitled to include:

• Immediate expenses associated with the death (medical and funeral)
• Loss of victim's anticipated earnings until retirement or death
• Loss of benefits caused by the victim's death
• Pain and suffering, or mental anguish to the survivors
• Loss of care, protection or companionship to the survivors
• General damages
• Punitive damages

O'Malley & Langan represented the family of a deceased young man killed while tinkering under the hood of his car. Due to "metal fatigue," a piece of the fan assembly broke off and hit the man in the carotid artery, killing him. After filing suit against both the car manufacturer and the manufacturer of the separate component part, we used reports on auto safety and metallurgy to obtain a settlement that exceeded 7 figures.

In another case, O'Malley & Langan obtained a large recovery for the family of an elderly woman who was struck and killed by a delivery truck as she was legally crossing the street. Our lawyers began their comprehensive investigation of the accident by bringing accident reconstruction experts to the scene, contacting witnesses and taking their statements, gathering documents and other evidence, and retaining nationally-renowned experts to prove that the defendants were negligent, a fact which caused substantial damages to the deceased and her family.

1. The driver was disabled and should not have been driving
2. Witnesses gave compelling statements indicating that the driver was driving too fast and had run the red light at the intersection where the elderly woman was crossing
3. The driver's driving record revealed that he had been involved in another similar accident prior to this one, just a few blocks away
4. Although the driver's employer never checked his driving record and did not have a proper safe driving program in effect, the employer still allowed the driver to operate a large delivery truck

We sued the driver and his employer, alleging that these factors clearly established the negligence of both the driver and his employer. Without having to put surviving family members through the emotional strain of a trial, O'Malley & Langan obtained a full and fair recovery that will provide for them for the rest of their lives.

If you've lost a loved one and you suspect that someone is to blame, contact O'Malley & Langan today. We'll find out what went wrong and hold the negligent party responsible.