Michael Schafle, Esq.Michael Schafle, Esq.

Wrongful Death & Survival Claims Norristown

A wrongful death claim and a survival claim answer two different losses. The wrongful death action, governed by Pennsylvania's 42 Pa.C.S. § 8301 , compensates the surviving spouse, children, and parents for what they…

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Wrongful Death & Survival Claims in Norristown, PA
Quick answer
  • What's included: both the Pennsylvania wrongful death action (for spouse, children, and parents) and the survival action (for the estate) filed together from one investigation of the asbestos exposure.
  • How fast: Pennsylvania sets a 2-year filing deadline that generally runs from the date of death for both claims, so the estate should be opened promptly.
  • What it costs: no upfront fee to the family; the case is handled on a contingency fee, a percentage of any recovery, with the percentage confirmed in a written agreement before any work begins.
  • What we take: the death certificate, work history, military and union records, and any prior mesothelioma diagnosis paperwork; we can gather most records ourselves.
  • How to book: call (610) 817-0583 or send a photo of the diagnosis or death certificate; a home visit anywhere in Norristown or Bridgeport can be arranged.

A wrongful death claim and a survival claim answer two different losses. S. § 8301, compensates the surviving spouse, children, and parents for what they lost: financial support, funeral and burial costs, and the loss of the person's companionship and guidance.

S. § 8302, belongs to the estate itself and recovers what the person endured before death, medical bills from the mesothelioma treatment, lost earnings, and the pain and suffering of the illness.

Step 1 is opening an estate at the Montgomery County Register of Wills near the courthouse on Swede Street, because the survival claim cannot proceed until a personal representative is appointed.

gov/asbestos">Schuylkill corridor, the shipyards a retired tradesman may have worked in during service, or the insulation, gaskets, and pipe covering handled on job sites for decades. Step 3 is matching that work history to the manufacturers whose products carried the fibers. Step 4 is filing before the 2-year deadline.

Many Norristown families in the West End, East End, Hartranft, and Logantown are the adult children handling a parent's affairs after a diagnosis, and the choice between claims is not really a choice, both apply. The wrongful death recovery goes to the named family members; the survival recovery goes to the estate and is distributed under the will or Pennsylvania's intestacy rules. If the person died with a large stretch of painful treatment, the survival claim carries more weight; if they were the household's main support, the wrongful death claim carries more.

gov/">Department of Veterans Affairs programs for exposed service members. gov/agencies/owcp">federal workers' compensation file, or a plant's employment history often supply the proof of exposure. Families in the Riverfront neighborhood, along the Elm Street corridor, in the Marshall Street district, and in North End can have these documents pulled without leaving home.

us/">Pennsylvania court system hears these actions in the Court of Common Pleas, and asbestos matters frequently move to a coordinated docket. org/">PALawHelp.

How much does Wrongful Death & Survival Claims cost in Norristown?

Wrongful death & survival claim, combinedContingency fee, a set % of the recovery, no upfront cost; % fixed in writing before work begins
Opening the estate / Register of Wills filingCourt and Register of Wills filing costs, typically a few hundred dollars, confirmed for your case on-site
Records retrieval (work, union, military, medical)Handled by our team; any third-party copy charges are itemized, no hourly billing to the family

Every job gets a firm, written price after an on-site visit.

Common questions

Who can file a wrongful death claim in Norristown?
In Norristown the wrongful death claim is filed for the surviving spouse, children, and parents under Pennsylvania law; if none files within 6 months, the estate's personal representative may file on their behalf. The survival claim is always filed by the estate's personal representative.
How long do Norristown families have to file after an asbestos death?
Norristown families generally have 2 years from the date of death to file both the wrongful death and survival claims under Pennsylvania's statute of limitations. Because the estate must be opened first at the Montgomery County Register of Wills, starting early protects the deadline.
What is the difference between the two claims for a Norristown estate?
For a Norristown estate, the wrongful death claim recovers the family's losses, lost support, funeral costs, and companionship, while the survival claim recovers what the person suffered before death, including medical bills and pain from the mesothelioma. Both are usually filed together from one exposure investigation.
Can a claim proceed if the Norristown loved one already passed away?
Yes, in Norristown a case can and often does begin after death, which is precisely when wrongful death and survival claims apply. Work history, union and military records, and the death certificate reconstruct the asbestos exposure even when the person can no longer describe it.
Does the family pay anything upfront in a Norristown wrongful death case?
No Norristown family pays an upfront fee; these claims are handled on a contingency basis, meaning the fee is a percentage of any recovery and is set in writing before any work begins. Call (610) 817-0583 to arrange a home visit anywhere in Norristown or Bridgeport.

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