Upper Darby Wrongful Death Attorney
Kalikhman & Rayz, fights for survivors who have lost a loved one due to a preventable accident. Our wrongful death lawyers in Upper Darby, PA, can hold the liable party accountable for your family member’s fatal injury, seeking full and fair compensation so you do not face financial stress during an already challenging time.
We have represented clients in Pennsylvania since 2005. We provide compassionate legal care backed by decades of experience and can give your case the personalized attention it deserves. Contact us online or call now for a free consultation. We are available 24/7.
We Want to Fight for Justice for Your Loved One
On behalf of everyone at Kalikhman & Rayz, we offer our condolences to you and your family. No amount of money can remove the pain of your loved one’s death or replace what you have lost. However, it would be our honor to help you recover compensation to protect your future.
If someone else’s negligent behavior caused your loved one’s fatal accident, we are prepared to fight for justice. We can aggressively seek injury-related damages so you do not have to worry about how you will pay your loved one’s medical bills or cover other expenses without their financial support.
Our Upper Darby personal injury lawyers can manage your wrongful death case from beginning to end. Our legal team can:
- Investigate and gather evidence
- Identify liable parties
- Prove negligence
- Identify recoverable damages
- File insurance claims
- Communicate with involved parties
- Aggressively negotiate on your behalf
- Take legal action in civil court and represent you at trial when necessary
We Handle a Variety of Claims
Our law firm handles various kinds of cases, including wrongful death claims involving:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Slip and fall accidents
- Pedestrian accidents
- Bicycle accidents
- Premises liability
"The outcome of a case often comes down to preparation. We build every claim as if it may go to trial."
We Can Seek Compensation to Protect Your Family’s Future
Your family has been through enough. You do not need the burden that can come from dealing with insurance companies or opposing parties who do not have your best interests at heart.
Our wrongful death attorneys want to be your voice. Unlike insurance companies, which put profits above people, our team can tirelessly pursue the settlement you deserve. In general, compensation may include the following:
- Medical expenses – We can seek medical bills incurred from the time of your loved one’s injury until their death. Medical damages may include emergency transportation and treatment, medical procedures, hospital stays, prescription medications, palliative care, and hospice.
- Funeral and burial expenses – We can seek compensation for funeral home services, burial, cremation, plot, headstone, and other related costs.
- Lost income – We can pursue your loved one’s lost wages from work missed due to their injury. We can also seek compensation for any future wages and benefits your loved one would have earned had they lived.
- Loss of your loved one’s services and support – Our attorneys can pursue compensation for the loss of a loved one’s household services, comfort, guidance, and society.
Let Kalikhman & Rayz, fight for you after the wrongful death of your loved one. Contact us online or call now to discuss your case during a free consultation.
How We Can Prove Negligence Caused Your Loved One’s Injury
A wrongful death is a death that results from someone else’s negligent actions. A party is negligent when:
- They owe a duty of care – The duty of care is the legal obligation to avoid harming others and to behave reasonably in a given situation. For example, motorists have a duty to drive safely and obey traffic laws.
- They breach the duty of care – A liable party breaches their duty when their behavior falls outside what most others would consider reasonable or necessary. A breach of duty is also any violation of the law.
- The breach causes an injury – Causation illustrates how a breach of duty led to a victim’s injuries. For example, our wrongful death attorneys could use evidence to demonstrate that a driver was drunk when they ran a stoplight and broadsided a victim’s vehicle, causing a fatal head injury.
- The injury leads to damages – Damages prove that an injury resulted in financial losses and pain and suffering for the victim and their surviving family members.
We can collect evidence to support these four points. Proof will vary depending on the type of accident involved but may include Upper Darby Police Department reports, medical records, eyewitness statements, and expert testimony.
Who Can File a Wrongful Death Case in Pennsylvania?
According to Pa. Rules of Civil Procedure No. 2202, initially, only the deceased’s personal representative can bring an action for wrongful death. The action usually seeks to recover compensation for the deceased’s surviving spouse, children, and/or parents for their losses.
If the personal representative does not file a case within six months of the death, any of the deceased’s beneficiaries can file a claim on behalf of all of the beneficiaries.
How Long Do You Have to Take Legal Action?
42 Pa. C.S.A. § 5524(2) generally allows two years to file a wrongful death lawsuit. If the statute of limitations runs out, the court will usually dismiss the case. Even if someone expects to settle outside of court, the deadline will matter because they lose their leverage over the insurance company if they cannot sue.
The sooner you contact us, the sooner Kalikhman & Rayz, can start protecting your rights.
Our Process for Your Case
Here's our step-by-step process:
Meet With Us
We'll listen to your story, answer your questions, and explain what you can expect moving forward.
Focus on Recovery
Your health comes first. While you receive treatment, we stay in touch and begin building the foundation of your case.
Build Your Case
We gather evidence, review medical records, and document the full impact of your injuries.
Evaluate Your Claim
We assess your case, prepare your claim, and begin negotiating with the insurance company.
Fight for Your Future
If the insurance company refuses to treat your case fairly, we're prepared to move forward with litigation and continue advocating for you.
Put a Team on Your Side That Fights to Win
Choosing the right injury lawyer can make the recovery process less stressful. Our attorneys personally handle your case, keep you informed, and fight for the compensation you deserve. Contact us today for a free consultation before your filing deadline expires.
Giving Back by Getting Results
We got into personal injury law to help our neighbors face some of the toughest moments of their lives. Helped clients recover tens of millions of dollars in compensation, with results like:
Offices Across Southeastern Pennsylvania
Our firm serves the greater Philadelphia area and the rest of Southeast Pennsylvania. You can visit us or call us at one of our conveniently located offices:
FAQs
Can an Upper Darby wrongful death claim include compensation for the deceased’s conscious pain and suffering before death?
Yes. Pennsylvania law allows two related but distinct claims when a death results from another party’s negligence. The wrongful death action, brought under 42 Pa. C.S.A. § 8301, compensates the surviving family members for their own losses flowing from the death. A separate survival action under 42 Pa. C.S.A. § 8302 allows the estate to recover for the losses the deceased personally experienced between the moment of injury and the time of death, including physical pain, mental anguish, and any medical expenses not already captured in the wrongful death claim.
How is the value of a wrongful death claim in Upper Darby calculated when the deceased was not employed at the time of death?
A claim does not fail simply because the deceased was unemployed, retired, or not earning income at the time of death. Families can still recover for the loss of the deceased’s household services, which have calculable economic value, as well as funeral and burial costs, medical expenses incurred before death, and the non-economic losses of surviving family members. For a stay-at-home parent, for example, economic experts can calculate the replacement cost of childcare, cooking, cleaning, transportation, and other services the deceased provided. The full scope of the loss to the family, rather than a single income figure, determines the value of the claim.
What happens to a wrongful death claim in Upper Darby if the deceased was partially at fault for the accident that caused their death?
Pennsylvania’s modified comparative negligence rule under 42 Pa. C.S.A. § 7102 applies to wrongful death cases just as it does to personal injury cases. If the deceased bore some responsibility for the accident, the family’s recovery is reduced proportionally by the deceased’s percentage of fault. Insurance companies in Delaware County wrongful death cases routinely argue contributory fault to reduce their exposure, which makes building a strong evidentiary record of the at-fault party’s negligence essential from the earliest stages of the claim.
What role does an estate attorney play alongside a wrongful death lawyer in an Upper Darby case?
A wrongful death lawyer and an estate attorney serve complementary but distinct functions after a fatal accident in Upper Darby. The personal injury attorney handles the wrongful death and survival action claims, negotiates with insurers, and litigates if necessary to maximize the family’s compensation. An estate attorney or probate lawyer handles the administration of the deceased’s estate, including appointment of a personal representative if one has not already been named, probate of the will, and distribution of assets to beneficiaries. Because the personal representative of the estate is the party legally authorized to file the wrongful death lawsuit under Pa. Rules of Civil Procedure No. 2202, coordinating these two legal processes promptly after a death in Delaware County ensures the claim can be filed without procedural delays.
Resources for Injury Victims
The aftermath of an accident can be a lot to handle. Here are some resources to get you started before you call our team:
Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
Go Bald or Go Broke
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Let's Build Your Case the Right Way From the Start
The decisions made early in your case can have a lasting impact on the outcome. Start with a team that takes a more thoughtful, strategic approach from day one.

