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Wrongful Death

A Guide to Filing a Wrongful Death Lawsuit

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Wrongful Death

A Guide to Filing a Wrongful Death Lawsuit

Frank Mangiaracina February 10, 2026 9 min read
A Guide to Filing a Wrongful Death Lawsuit

Someone you love is gone. Someone else is responsible. The legal system cannot give you back the person you lost. It can make the company, the driver, the hospital, or the institution pay for what they did — and it can force the change that keeps another family from ending up where yours is now.

Here is what actually happens when you file a wrongful death lawsuit in Pennsylvania or New Jersey. No legalese. Just the roadmap.

Family consultation with wrongful death trial lawyer

Who Can File a Wrongful Death Claim?

In Pennsylvania, the claim is filed by the personal representative of the estate, on behalf of the surviving spouse, children, or parents. In New Jersey, the executor or administrator files. If no one has opened an estate yet, we handle that step for you. It is usually done in the first two weeks.

Common eligible claimants include:

  • Surviving spouse.
  • Children, including adult children.
  • Parents, if the decedent had no spouse or children.
  • In limited cases, other financial dependents.

Types of Compensation Available

The insurance company will tell you it is complicated. It is not. Wrongful death damages fall into clear buckets.

  1. Funeral and burial expenses.
  2. The income and benefits the decedent would have earned over a full work-life.
  3. Loss of companionship, guidance, and household services.
  4. Medical bills incurred between the injury and death.
  5. Pain and suffering the decedent experienced before passing — the survival claim.

Each of those has to be proven with documents, experts, and testimony. We do not leave a dollar on the table.

They waited until jury selection to take us seriously. By then the number had tripled.

— Frank Mangiaracina

The Legal Process

Every wrongful death case has to prove four things:

  1. The defendant owed your loved one a duty of care.
  2. They breached that duty.
  3. The breach directly caused the death.
  4. The death produced measurable losses to the survivors.

We build each of those with accident reconstruction, medical experts, forensic economists, and — when the case demands it — the kind of witnesses who make juries lean forward.

Statute of Limitations

Two years in Pennsylvania. Two years in New Jersey. Miss it and the claim is dead. There are narrow exceptions for minors and for cases against government entities, but the safest assumption is the two-year clock is running the day you read this.

Common Causes of Wrongful Death We Handle

  • Motor vehicle and truck collisions.
  • Medical malpractice and hospital negligence.
  • Defective products and workplace equipment failures.
  • Nursing home and assisted-living neglect.
  • Institutional negligence — prisons, facilities, and corporate defendants.

How Our Firm Helps Families

We secured a $7 million wrongful death settlement against a private prison company in a case where a mentally ill inmate was placed in solitary confinement for 52 straight days. The settlement forced policy changes that outlived the check. That is the kind of outcome we go after. We take every call personally. No fee unless we win — and we take these cases to trial.

Prior results do not guarantee a similar outcome. Attorney Advertising.

Need Legal Help?

If you or a loved one has been injured, contact our experienced trial lawyers for a free consultation.

Free Consultation Call 215-772-1000
Frank Mangiaracina
Written by Frank Mangiaracina Partner

In This Article

  • Who Can File a Wrongful Death Claim?
  • Types of Compensation Available
  • The Legal Process
  • Statute of Limitations
  • Common Causes of Wrongful Death We Handle
  • How Our Firm Helps Families

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Related Case Results

Wrongful Death — Prison Inmate Suicide
$7 Million Wrongful Death

Wrongful Death — Prison Inmate Suicide

$7 million and real policy change at a Delaware County correctional facility after a mentally ill inmate was held in solitary for 52 days.

Product Liability — Oil Rig Worker Left Quadriplegic
$44 Million Product Liability

Product Liability — Oil Rig Worker Left Quadriplegic

Five firms turned this case down. We reverse-engineered the defective bracket and recovered $44 million for an oil rig worker left quadriplegic.

Medical Malpractice — Catastrophic Injury Settlement
$22 Million Medical Malpractice

Medical Malpractice — Catastrophic Injury Settlement

$22 million recovered for a patient whose catastrophic injury should never have happened — a case built on a day-one subspecialty expert review.

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