If you’ve lost a loved one due to someone else’s negligence, having an Allentown wrongful death lawyer in your corner will make pursuing justice and compensation a smoother ride. While the fault may appear as clear as daylight to you, it can be more complicated when trying to prove that your loved one died due to another party’s negligence.
Common types of wrongful death claims in Allentown include car accidents, pedestrian accidents, medical malpractice, workplace incidents, and fatal fall accidents. Each case involves proving that someone’s negligence directly caused the death. An experienced Allentown wrongful death lawyer can identify your claim type and guide your family toward justice.
Munley Law has been assisting Allentown residents and clients from the whole Lehigh Valley with personal injury claims since 1959, bringing 250 years of combined experience to the table. We have handled all types of wrongful death claims and secured millions of dollars in settlements and jury verdicts for our clients.
Schedule a free consultation to discuss your case and how we can help you get the compensation you deserve.
What Are the Grounds for Filing A Wrongful Death Claim?
Every death is a tragic loss, but not all of them are grounds for a wrongful death claim. Wrongful death lawsuits require specific circumstances and fall into a specific category of personal injury cases.
There are two types of court proceedings in the US: criminal and civil. Criminal suits occur when someone has broken the law, and the government (state or federal) wants to hold the responsible party accountable via jail time. Civil suits are different. In a civil suit, an individual files a claim against another individual or entity. There’s no jail time on the table. Instead, the goal of the claimant is to pursue compensation.
Wrongful death claims are civil suits in which a personal representative of the deceased person may choose to take legal action on their behalf. According to the Pennsylvania Wrongful Death Act (42 Pa. Cons. Stat. § 8301), to have a valid wrongful death claim, the personal representative and their wrongful death lawyer must be able to show that the death occurred as the result of someone else’s negligence, recklessness, or unlawful violence. It’s not necessary to show that the act was intentional, but it must be shown that the responsible party was acting negligently.
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Call Us At 844-686-5397 What Are the Common Types of Allentown Wrongful Death Claims?
In Allentown, there are some specific wrongful death claims that arise more often than others:
Car Accidents
Car accidents of any kind can result in a wrongful death claim, but one of the most common subsets is drunk driving accidents in Allentown. Far, far too many people lose their lives in drunk driving accidents each year. According to the Pennsylvania Department of Transport (PennDot), there were 1,127 traffic fatalities in the state in 2024, with 342 of those caused by impaired drivers – approximately 30%.
If you have lost a loved one to a drunk driving accident or a car accident of any kind, you may be eligible to file a wrongful death claim.
Fall Accidents
Something like slipping and falling may seem innocuous, but in certain horrific instances, a fall can result in death. Every year, the United States loses over 47,000 people to slips and falls. If someone falls and loses their life due to the injuries they sustain, their loved ones may be able to file a wrongful death lawsuit. Typically, surviving family members can file a wrongful death claim if the fall occurred as a result of someone else’s negligence.
Renters and property owners must ensure their premises are safe and free from hazards; if there are any hazards, they must give fair and proper warning to anyone who sets foot on their property. Failure to do so could make a renter or property owner liable in a wrongful death claim. For instance, if a business owner is washing the floors but puts up no signage to indicate areas that may be slippery, and someone slips and falls, this business owner could be at fault. And if the victim succumbs to their injuries, the business owner may find themselves on the other end of a wrongful death lawsuit.
Pedestrian Accidents
A loved one’s death is always unspeakable, particularly so when their death comes as an absolute shock or occurs as the result of a freak accident. People peacefully walking on the sidewalk should never have to fear for their lives, but the devastating reality is that Even pedestrians can be victims of fatal pedestrian accidents in Allentown.
If a driver is exhibiting negligence of any sort (i.e., texting, speeding, unsafe lane changing, and more) and ultimately hits and kills a pedestrian, the pedestrian’s family members very likely have the right to file a personal injury claim.
Medical Malpractice
When we go to the doctor or visit the hospital, we expect to receive excellent care, but unfortunately, medical malpractice does sometimes occur. This is often the case, but unfortunately, there are situations where nurses and doctors fall short. In the worst case, this failure can have fatal consequences.
What exactly qualifies as medical malpractice? In general, it’s when a patient is harmed or even killed due to a doctor’s negligence. This can look like:
- Incorrectly diagnosing someone,
- Making a surgical error
- Giving a patient the incorrect or wrong medication dosage
- Delaying treatment
Doctors have a legal obligation to uphold a “standard of care” with every patient they treat, and if they don’t meet this standard of care, they may be considered liable parties if the patient ends up injured or deceased.
In medicine, whether or not a doctor met the standard of care is typically weighed against this question: would another doctor, in the same or similar circumstances, consider this to be reasonable behavior? If not, it’s very likely negligence.
How Do You Prove a Wrongful Death Claim?
If you are the surviving spouse or family member of someone who has lost their life, and you decide to pursue a wrongful death lawsuit, it’s wise to confer with an Allentown wrongful death attorney. Successful wrongful death lawsuits require understanding the Allentown lawsuit filing process. As a result of that negligence, wrongful death damages are owed to the victim’s family.
The Four Key Elements
There are four key elements involved in proving a wrongful death lawsuit. To recover damages, a wrongful death lawyer must be able to prove each of the following:
The defendant owed a duty of care to the victim. All drivers, including pedestrians, owe a duty of care. They must drive safely and responsibly and refrain from any behavior that could put their own lives or the lives of others in danger.
The defendant breached this duty of care. Drivers breach their duty of care if they get behind the wheel drunk or drive recklessly. This endangers everyone around them and is a clear breach of their responsibility.
This breach of care caused the death. In the case of a wrongful death, the claimant’s wrongful death lawyer would prove that the defendant’s negligent or reckless behavior directly caused the victim’s death. For instance, the defendant driving drunk caused the accident, which caused the victim to lose their life.
This death resulted in damages. Wrongful death claims are specifically about seeking damages, so the last element is to show that the victim’s loss of life resulted in economic and non-economic losses for the family. This might include funeral costs, medical expenses, lost wages, etc.
“For more than three generations, our family has been fighting for justice. It’s more than a career choice—it’s written into our DNA.”
Robert W. Munley, III
Why Work With A Wrongful Death Attorney in Allentown, PA?
Wrongful death cases are incredibly complex, not to mention overwhelming, for someone who’s still grieving. Hiring one of our experienced Allentown attorneys to fight the insurance company allows you to focus on your family while we navigate every element of the legal process and ultimately seek justice and a fair settlement. Don’t hesitate to contact our law offices for a free consultation.
Why Choose Munley Law for Your Allentown Wrongful Death Claim
Choosing Munley Law to handle your wrongful death claim is the best decision you can make. Consider these facts:
- Proven record of results: Munley Law has recovered over $1 billionin settlements and jury verdicts for families in wrongful death and catastrophic injury cases, including high-stakes claims against insurers, corporations, and negligent drivers. Examples include a $26 million settlement in a truck accident case and $5 million in a medical malpractice suit.
- Nationally recognized trial attorneys: Munley Law attorneys have been consistently recognized by Best Lawyers in America, Super Lawyers, and The National Trial Lawyers Top 100, honors reserved for a small percentage of attorneys nationwide. Marion Munley has been named Lawyer of the Year by Best Lawyers for Medical Malpractice and Personal Injury Litigation.
- Membership in elite legal organizations: Several Munley Law attorneys are members of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum, recognizing trial lawyers who have achieved exceptional verdicts or settlements.
- Deep local knowledge of Allentown and Lehigh Valley courts: With decades of experience handling cases in Lehigh County, Munley Law understands local court procedures, judges, and insurance defense strategies — an advantage that can directly impact case outcomes.
- No upfront costs: All wrongful death cases are handled on a contingency fee basis, meaning clients pay nothing unless Munley Law secures compensation on their behalf.
- Family-focused representation: As a family-run law firm serving Pennsylvania since 1959, Munley Law brings a compassionate, personal approach to wrongful death cases while aggressively pursuing accountability from negligent parties.
- Insurance companies know their name: Munley Law is widely respected and feared by insurance companies for its willingness to take cases to trial rather than accepting unfair settlement offers.
What’s the Difference Between a Wrongful Death Claim and a Survival Action?
Wrongful death lawsuits and survival actions are personal injury cases, but they have key differences. A wrongful death lawsuit focuses specifically on the losses experienced by surviving family members in Allentown. The lawsuit looks at how they’ve suffered, from an ongoing loss of income to funeral expenses, and compensates the family members for these things.
A survival claim, on the other hand, focuses on the losses experienced by the deceased person. This kind of claim is mostly utilized in cases where a person sustains ultimately fatal injuries but survives them for some time before passing away. In a case like this, the deceased person likely incurred medical expenses before they passed and possibly sustained lost wages as they attempted to recover. A survival action is intended to compensate for these losses.
What Are Wrongful Death Damages?
In Allentown wrongful death cases involving insurance, a wide variety of damages can be recovered. Economic damages account for measurable losses, such as lost wages, medical expenses, funeral costs, etc. Non-economic damages account for more abstract losses, such as pain and suffering, emotional distress, and loss of companionship. Your wrongful death lawyers will review your case in great detail to ensure every loss is fairly accounted for and will use this information to seek a fair settlement.
In some cases, a third category of damages may come into play. While economic and non-economic damages are intended to compensate the victim’s family for their losses, punitive damages are intended to punish the defendant and dissuade them and others from exhibiting similarly negligent, reckless, or violent behavior in the future. These are only ordered in select cases.
FAQs AboutTypes of Wrongful Death Claims in Allentown
What Types Of Accidents Most Commonly Lead To Wrongful Death Claims In Allentown?
Wrongful death claims in Allentown most often stem from motor vehicle accidents, pedestrian crashes, workplace incidents, medical errors, and unsafe property conditions. Any fatal incident caused by another party’s negligence, recklessness, or failure to follow safety rules may qualify.
Can A Wrongful Death Claim Be Filed After A Criminal Case?
Yes. A wrongful death claim is a civil lawsuit and can be filed regardless of whether criminal charges are brought. Even if the responsible party is not convicted — or is never charged — families may still pursue compensation through a civil wrongful death claim.
Are Medical Errors Always Considered Wrongful Death?
Not every medical mistake qualifies as wrongful death. A claim generally requires proof that a healthcare provider failed to meet the accepted standard of care and that this failure directly caused the patient’s death. An independent medical review is often needed to establish negligence.
Can Workplace Fatalities Lead To A Wrongful Death Lawsuit?
Yes. While workers’ compensation may apply, wrongful death claims can still be filed against third parties, such as equipment manufacturers, subcontractors, or negligent drivers. These claims are separate from workers’ compensation benefits.
Do Property Owners Face Liability For Fatal Slip And Fall Accidents?
Property owners may be held liable if a dangerous condition caused a fatal fall and they failed to repair it or provide adequate warning. This includes hazards such as wet floors, poor lighting, broken stairs, or uneven walking surfaces.
Can Families File A Claim If The Death Occurred Weeks Or Months After The Accident?
Yes. A wrongful death claim may still be valid even if the individual did not pass away immediately, as long as the death can be linked to injuries caused by the original negligent act. Medical records and expert testimony are often used to establish this connection.
What Makes A Wrongful Death Claim Different From A Personal Injury Case?
The key difference is that wrongful death claims are filed by surviving family members or the estate after a death has occurred. The focus is on losses suffered by loved ones, rather than injuries experienced by the victim alone.
Are Drunk Driving Accidents Treated Differently In Wrongful Death Cases?
Drunk driving accidents often strengthen wrongful death claims because impaired driving is a clear breach of duty. These cases may also involve additional damages or parallel criminal proceedings, though the civil claim remains separate.
Contact Our Allentown Wrongful Death Attorneys
Working with one of our Allentown wrongful death attorneys is the best way to set yourself up for a successful claim.
No one understands family better than we do. Munley Law is a family business, and we know that losing a family member is one of the most challenging and heartbreaking things anyone can endure. If you find yourself in the aftermath of a loss, the last thing you want to worry about is navigating the legal complexities of filing a death lawsuit in Pennsylvania. Instead, allow us to take the reins and handle all of the legal heavy lifting so that you can focus on yourself and your family.
As your Allentown lawyers, we will liaise with the insurance company so that you never get backed into a corner and pressured to take a wrongful death settlement that’s less than you deserve. We will gather evidence, from police reports to witness statements and everything in between. We will craft the most compelling case to ensure responsible parties are held accountable.
We will seek justice. We will seek compensation. And we will fight tirelessly on your behalf. If you are considering filing a wrongful death lawsuit, contact us today to speak to a skilled wrongful death lawyer and learn how we can advocate for you. We are ready and waiting to take your call.
Robert W. Munley, III
Robert W. Munley, III is a seasoned personal injury attorney and award-winning courtroom advocate. While he regularly handles a range of personal injury cases, his focus is on truck accidents and workers’ compensation cases. Bob has served thousands of accident victims and workers, winning them millions with his bold advocacy.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on February 24, 2026.
Munley Law Personal Injury Attorneys
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Allentown, PA 18101
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