Call Us At 844-686-5397 Families facing the loss of a loved one need legal representation they can trust to pursue accountability, secure meaningful compensation, and handle every aspect of the case with care and determination. When you choose Munley Law, you benefit from:
An Allentown wrongful death lawyer can help you and your family pursue justice if your loved one’s death was caused by someone else’s negligence. In the aftermath of such a loss, families are often left grieving while also facing sudden financial pressure and legal uncertainty. Understanding your rights under Pennsylvania wrongful death law is an important first step toward protecting your family’s future.
Wrongful death claims can arise from vehicle accidents, medical malpractice, workplace incidents, defective products, or unsafe property conditions. Filing such a claim is meant to hold negligent parties accountable and recover compensation for your losses. While no case can undo the harm, legal action can provide stability and answers through this difficult time.
Our wrongful death lawyers have over six decades of experience serving families in the Lehigh Valley. Our firm consists of respected trial attorneys, and we have a proven record in complex wrongful death cases. We handle the legal burden, deal directly with insurance companies, and pursue maximum compensation. This allows us to take the weight of pursuing justice off your shoulders as you grieve your loved one.
Contact Munley Law today to schedule a free consultation. There is no fee until we win your accident case.
Definition of Wrongful Death Lawsuits in Allentown
In 2022, accidents accounted for 7% of all deaths in Pennsylvania. This implies that those fatalities were avoidable. When another person or organization’s negligent or careless conduct results in the death of your loved one, you may have an Allentown wrongful death case. The purpose of a wrongful death suit is to hold the responsible party accountable for their actions and to provide financial relief to the family of the deceased. In addition to your grief, you may face unexpected costs and sudden financial insecurity after the death of a family member.
An Allentown wrongful death attorney at Munley Law can help you recover wrongful death damages for:
- Medical expenses
- Funeral expenses
- Loss of future income
- Loss of companionship
- Pain and suffering
- Punitive damages, if applicable
What’s the Difference Between an Allentown 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 on the losses experienced by the deceased person’s surviving family members. 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 cases involving
medical malpractice, the deceased person likely incurred medical expenses before they passed, and possibly sustained lost wages as they attempted to recover.
Contact a Personal Injury Lawyer at Munley Law
Who Can File a Wrongful Death Lawsuit in Allentown, PA?
Family members of the deceased, including spouses, children, dependents, parents, siblings, and grandparents, can file a wrongful death claim. In Allentown, the representative of the deceased’s estate (also known as the executor) must be the one to bring a claim on behalf of the inheritors of the estate. However, if they do not do so within six months of the date of death, then any of the deceased person’s beneficiaries may file a claim.
Damages are distributed in the following way:
- If there was a surviving spouse and no children or parents, the spouse would get the entire settlement.
- If there was a surviving spouse and a surviving parent but no children, the spouse gets the first $30,000 and half of the remaining settlement, and the remaining portion of the settlement will be split between the deceased’s parents equally.
- If there is a surviving spouse and surviving children, the spouse will get the first $30,000 and half of the remaining settlement, and if the children belong to the surviving spouse, the courts will divide the remaining portion of the settlement between the children equally.
- If there were surviving children and no spouse, the settlement would be divided equally between the children.
- If there were surviving parents and no children or spouse, the settlement will be equally divided between the parents.
- If there were no surviving spouse, children, or parents, the courts would divide the settlement among the deceased’s brothers, sisters, nieces, and nephews.
Can Siblings Sue for Wrongful Death in Allentown?
Under Pennsylvania law, beneficiaries of a wrongful death lawsuit are limited to the deceased person’s parents, spouse, and children. However, if the deceased has no surviving parents, children, or spouse, the executor of the deceased’s will can file a wrongful death lawsuit. In such a case, the damages will be distributed evenly among the deceased’s siblings.
“Since 1959, we have secured over $1 billion in
compensation for our clients.”
Daniel W. Munley
Proving Negligence in an Allentown Wrongful Death Claim
Negligence is the failure to use the standard of care that a reasonable person would have used in a similar situation. To prove negligence, you must prove some aspects of a wrongful death claim:
- Duty of Care: First, you must prove that the accused owed a “duty of care” to your deceased loved one. For example, a doctor responsible for treating your loved one has to perform their job in a manner consistent with the standard in their field of medicine. Likewise, drivers on the road must take reasonable care not to harm other drivers and pedestrians.
- Breach of Duty of Care: Next, you must show that the accused breached that “duty of care.” For example, you might need to demonstrate that your loved one’s doctor failed to properly diagnose an illness or made an error in prescribing medication. Similarly, you may need to prove that another driver behaved recklessly or broke traffic laws.
- Causation: Then, you will need to clearly show that the breach of the “duty of care” caused the death of your loved one.
What are the Different Types of Wrongful Death Cases in Allentown, PA?
While what happened to your family member may seem quite clear, proving all of these elements is an enormous undertaking. An experienced wrongful death lawyer at Munley Law will assume that burden on your behalf. We have decades of experience in all types of wrongful death cases, including but not limited to:
Fatal Car and Truck Accidents
The Centers for Disease Control and Prevention reports that every year, more than 32,000 people are killed in traffic crashes. We represent individuals and families who suffered the loss of a loved one in a fatal car, truck, bus, motorcycle, bicycle, or pedestrian accident in personal injury claims. According to the
Pennsylvania Department of Transportation, Lehigh County, was in the top ten Pennsylvania counties with the most reported traffic crashes and 30 traffic deaths in 2021. Busy roads in the Allentown area, including I-78, I-80, the Pennsylvania Turnpike, U.S. Route 22, PA Route 309, and PA Route 33, see thousands of trucks and passenger vehicles traveling through the area daily.
Those negligent in a motor vehicle accident wrongful death case in Allentown can include:
- Another driver
- Auto manufacturer
- Auto parts manufacturer
- Trucking company
- Roadway designers or those responsible for the condition of a roadway
Allentown Aviation Accidents
The Lehigh Valley International Airport brings commercial and private planes in and out of the Allentown area. Residents also use the Philadelphia airport, which is only an hour away. When negligence results in a fatal plane or helicopter crash, the responsible parties need to be held accountable. The accident could result from poor pilot training, faulty plane or equipment, mechanical negligence, structural defects, or negligence by the pilot or another employee. The aviation accident lawyers are experienced in this challenging type of injury case, and our injury lawyers can help you.
Allentown Medical Malpractice
Medical errors are a leading cause of death in the United States. A medical malpractice wrongful death case may emerge when a patient dies from negligent care or a medical error, which is why consulting with a skilled
medical malpractice lawyer in Allentown is critical. This can include negligence on the part of a doctor, anesthesiologist, hospital, or another healthcare provider that results in the death of a patient in Allentown. Causes of medical negligence and wrongful death cases in the Lehigh Valley may include:
- Medical misdiagnosis
- Delayed diagnosis
- Surgical errors
- Medication errors
- Hospital-acquired infections
- Emergency room negligence
- Nursing negligence
- Lab errors
- Anesthesia errors
- Childbirth errors
- Delayed treatment
- Nursing home negligence
Work Accidents in Allentown, PA
Workplace and industrial accident deaths leave families devastated. When a fatal workplace accident in Allentown is the result of negligence, our death attorneys can help the family of the victim get compensation for the loss of their loved one. We will not only help you recoverworkers’ compensation death benefits, but also pursue a wrongful death negligence case against any liable third parties. Fatal workplace accidents in the Lehigh Valley can include:
- Industrial machinery accidents
- Work transportation and trucking accidents
- Fires and explosions
- Falls
- Fatal exposure to toxins or other harmful substances
Defective Products in Allentown
If the death of your loved one in Allentown, Bethlehem, or Easton resulted from a defective product, contact the product liability attorneys at Munley Law. If the death was the result of negligence, through a faulty design, manufacturing error, or inadequate warning, you may have a wrongful death claim. Defective products that result in wrongful death in Allentown include:
- Recalled vehicles
- Dangerous prescription drugs
- Defective medical devices
- Exploding electronics
- Toys
- ATVs
- Malfunctioning equipment
- Defective appliances
Lehigh Valley Premises Liability Cases
If dangerous conditions on someone else’s property resulted in the death of your loved one, Munley Law has the experience you need to seek justice. Dangerous conditions on an Allentown property can result from poor maintenance, building code violations, inadequate warning of the hazard, or inadequate security—situations that fall under premises liability law. Premises liability wrongful death in the Lehigh Valley can result from:
- Fatal trip and fall accidents
- Fatal elevator or escalator accidents
- Fatal dog attacks
- Inadequate fire safety
- Inadequate security
- Defective construction
- Poor maintenance
- Fatal swimming pool accidents
- Failure to warn of an unsafe condition
Construction Accidents in Allentown
Construction is one of the most dangerous occupations in the United States. Falls from heights, ladder accidents, heavy machinery accidents, and other injuries are common types of incidents our
construction accident lawyers in Allentown see resulting in death. If negligence contributed to your loved one’s fatal injury, you may have a wrongful death suit. Those negligent in a construction accident may include:
- Construction site property owner
- General or subcontractors
- Construction manager
- Equipment manufacturer or distributor
The Statute of Limitations in an Allentown Wrongful Death Lawsuit
In Pennsylvania, you have two years from the date of your loved one’s death to file a lawsuit. However, don’t wait until
the statute of limitations expires to file your case. Wrongful death attorneys will want to start investigating your case right away to ensure no evidence is lost or destroyed in the immediate aftermath of the accident. In many cases, this evidence will be key in winning your Allentown wrongful death case and giving you the best chance at recovering from your loved one’s catastrophic accident.
In some cases, filing early can also help you avoid red tape. A skilled wrongful death lawyer can take action quickly without filing a formal lawsuit that could get you the results you need without a long, drawn-out court case.
So, regardless of the statute of limitations, you must seek legal representation as soon as possible. We want to ensure you and your family get the justice you deserve so you can focus on mourning.
How Can an Allentown Wrongful Death Attorney Help?
Dealing with a death in the family is enough on its own. This is even more true when the death was avoidable and due to someone else’s negligence. Trying to navigate a complicated and potentially lengthy wrongful death claims process is not something you should ever have to do alone. Injury cases can be difficult to prove without understanding the different
types of wrongful death claims in Allentown, especially if you don’t have the right approach or knowledge.
You and your family probably have a lot of questions about how to proceed after such a catastrophic event. It may even seem like the easiest and best thing to do is just to move on as quickly as possible. In fact, some insurance companies count on it and will make you an early offer, hoping to settle your wrongful death claims quickly. A wrongful death attorney at Munley Law Personal Injury Attorneys can help you understand your rights. We can help you decide if you should accept it or try to obtain wrongful death damages in court.
Here are just a few of the ways a wrongful death attorney can help you with your wrongful death claim:
- Gather evidence: We will investigate your case in order to prove that someone else’s negligence caused your family member’s death. This includes gathering evidence from surviving family members, negligent parties, third parties, and more. During this process, it’s key to have a skilled wrongful death lawyer who can identify what evidence is key to building your case and persuading a jury, if need be. We can also gather evidence quickly so nothing gets lost or loses value over time.
- Find expert witnesses: In some cases, especially if technical or scientific information is needed to support your case, it will be key to utilize expert witnesses. These people can bolster the facts of your case and win wrongful death claims. At Munley Law Personal Injury Attorneys, we can identify these people and prepare them for trial as necessary.
- Determine who is at fault: In complex personal injury cases, an experienced wrongful death attorney can identify who is responsible for your loved one’s death based on the available evidence. A wrongful death attorney in Allentown will be able to examine the evidence and prove who was at fault for the accident.
- Answer your questions: We are here for you and will guide you through the wrongful death claims process from start to finish. With our knowledge and experience in wrongful death lawsuits, we can help surviving family members with all of the unknowns in these types of cases.
- Fill out paperwork: As your representatives, we will manage your insurance claims in Allentown wrongful death cases by handling communication with insurers and completing necessary paperwork, alleviating your family’s burden.
Why Families Choose Munley Law for Wrongful Death Cases
- Proven results in fatal injury cases: Munley Law has secured multi-million-dollar verdicts and settlements, including a $32 million verdict in a wrongful death case and a $26 million recovery in a truck accident claim.
- Recognized trial lawyers with courtroom experience: Munley Law attorneys are nationally recognized by organizations such as Best Lawyers and Super Lawyers and are known for taking cases to trial when insurers refuse fair outcomes. All five partners have been named amongst the Top 100 Trial Lawyers in Pennsylvania by the National Trial Lawyers Association.
- Experience against large corporations and insurers: The firm regularly handles cases involving trucking companies, employers, hospitals, and manufacturers, and is prepared to litigate against well-funded defense teams.
- Local knowledge of Allentown and Lehigh County courts: Over six decades of experience practicing in Lehigh County gives us unrivalled insight into local procedures, judges, and litigation strategies that can directly affect case outcomes.
- No fees unless compensation is recovered: Families pay nothing upfront. Legal fees are only collected if Munley Law secures a settlement or verdict.
FAQs About Wrongful Death Claims in Allentown
How Long Do I Have to File a Wrongful Death Lawsuit in Allentown?
Under Pennsylvania law, wrongful death lawsuits generally must be filed within two years of the date of death. Missing this deadline can permanently bar your claim. Because evidence can be lost over time, it is often beneficial to speak with a wrongful death attorney as soon as possible.
What Types of Damages Are Available in an Allentown Wrongful Death Case?
Recoverable damages may include medical expenses, funeral and burial costs, loss of future earnings, loss of companionship and guidance, and, in certain cases, punitive damages. The specific damages available depend on the facts of the case and the relationship between the deceased and the surviving family members.
When Should I Contact a Wrongful Death Lawyer After a Fatal Accident?
It is best to speak with a wrongful death lawyer as soon as possible after the death occurs. Early legal involvement helps preserve evidence, secure witness statements, and prevent insurance companies from shaping the narrative before an investigation is complete.
Does a Wrongful Death Case Always Require Going to Court?
No. Many wrongful death cases are resolved through negotiated settlements rather than trial. However, having a lawyer prepared to litigate strengthens your position if the insurer or defendant refuses to offer fair compensation.
How Is Wrongful Death Compensation Calculated in Pennsylvania?
Compensation is based on several factors, including the deceased’s earning capacity, age, life expectancy, and the financial and emotional impact on surviving family members. Each case is evaluated individually, and there is no fixed formula.
What If the Deceased Was Partially at Fault for the Accident?
Pennsylvania follows a modified comparative negligence rule. A wrongful death claim may still be viable if the deceased was less than 51% at fault, though compensation may be reduced based on their percentage of responsibility.
Are Wrongful Death Settlements Taxable in Pennsylvania?
Most wrongful death settlements are not considered taxable income under federal or Pennsylvania law. However, certain portions, such as punitive damages or interest, may be taxable, depending on the case structure.
Can More Than One Party Be Held Liable in a Wrongful Death Case?
Yes. Multiple parties may share responsibility, such as drivers, employers, manufacturers, or property owners. Identifying all liable parties is often critical to maximizing recovery.
Contact An Allentown Wrongful Death Lawyer Today
At Munley Law, we understand the emotional and financial strains your family is experiencing at this time. We believe in justice, and we want to alleviate your burdens, not add to them. For this reason, we work on a contingent fee basis. We do not charge a fee for our services unless we win your case.
The fee is a percentage of the settlement or verdict, so you will never have to pay anything upfront or out of pocket. And, our fee will never exceed the amount paid to you. If we cannot get you justice, you owe us nothing.
Contact us today for a free consultation.
Daniel W. Munley
Daniel W. Munley is an award-winning personal-injury attorney and champion of plaintiffs’ rights. For decades he’s won multi-million verdicts and settlements and is recognized as a national leader in truck and rideshare litigation,including a record $26 million truck settlement in Northeastern Pennsylvania and a $20 million recovery in 2024 for life-altering commercial-vehicle injuries.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on March 13, 2026.
