Did you or a family member lose a loved one in an accident in Luzerne County, PA? You may be entitled to compensation from the responsible party. Call Fellerman & Ciarimboli, Law PC at (570) 714-4878 to find out how we can help.
Our experienced Luzerne County wrongful death lawyer can help you fight for the justice you deserve. We have over 100 years of combined legal experience and are ready to put the full weight of that experience to work for you. We’ve secured over $150 million in settlements and jury verdicts for our efforts.
You may deserve compensation for lost financial support, medical expenses, pain, grief, and more. Contact our law offices in Luzerne County, Pennsylvania, today to set up a free consultation and learn more about how we can help your family through this difficult time.
Why Call Fellerman & Ciarimboli, Law PC for Help Recovering Compensation for Wrongful Death in Luzerne County?
At Fellerman & Ciarimboli, Law PC, we know how difficult it is to think about the circumstances of your loved one’s death, especially when that death was entirely preventable. You don’t have to handle this alone.
You may deserve compensation, yes. It’s highly unlikely that the responsible parties and their insurance companies will give you a fair deal without a fight. Our Luzerne County personal injury attorneys are here to fight for every dollar.
For our success over the years, our team has been rated by various lawyer ranking services, earning recognition from:
- The Million Dollar Advocates Forum
- The Academy of Truck Accident Attorneys
- The National Trial Lawyers
- Super Lawyers
Most importantly, our Luzerne County wrongful death attorneys care about our clients and are committed to achieving top results in every case we take on.
We’re also passionate about preventing insurance companies from taking advantage of grieving families. We know how to stop the insurance games and force the defense to take you seriously. To learn more about how we can protect your family, call our Luzerne County personal injury lawyers for a free consultation today.
How Do I Know Whether I Have a Case Under Pennsylvania Wrongful Death Laws?
In Pennsylvania, a wrongful death is any death that results from another party’s “wrongful act or neglect or unlawful violence or negligence”.
You likely have a valid case if:
- Someone else was responsible for your loved one’s death
- Your loved one could have sued for damages had they lived
Any number of situations can give rise to a valid wrongful death claim. The key is proving that someone else was responsible for your tragic loss.
How Does a Pennsylvania Wrongful Death Case Work?
Wrongful death cases and personal injury claims are very similar. They’re both handled in civil court. When the plaintiff succeeds, the at-fault party must pay compensation to cover the plaintiff’s damages.
All criminal issues are completely separate. In fact, most wrongful death claims involve accidental deaths.
Only certain parties are usually entitled to file a wrongful death lawsuit in Pennsylvania:
- A surviving spouse
- The victim’s children
- The victim’s parents
Often, the victim’s personal representative files the formal lawsuit on behalf of survivors. If the judge or insurance company awards compensation, that compensation is divided between the victim’s survivors according to the victim’s wishes. If no will exists, Pennsylvania intestacy laws will determine how the compensation is allocated.
How Much Is My Luzerne County Wrongful Death Case Worth?
Numerous factors can influence the outcome of your case.
When it comes to valuation, the following factors tend to play the strongest role:
- The victim’s age and life expectancy
- Your family’s costs, including medical treatment costs
- The victim’s projected future earning capacity
- The ways the victim contributed to the household before death
- The survivors, considering the ages and identities of the surviving dependents
- The circumstances of the victim’s death
- How your family has suffered due to the loss
Our lawyers will carefully analyze the details as we search for ways to maximize your family’s financial award. We’re always here to listen to your story and help you understand your legal rights.
Call us today to learn more about how our Luzerne County wrongful death attorneys can help with your claim.
What Types of Damages Can Survivors Recover By Filing a Luzerne County Wrongful Death Case?
Survivors can seek compensation for economic damages and non-economic damages in Pennsylvania.
Types of economic damages that may be available include:
- Loss of the victim’s financial support
- Loss of job benefits that the victim would have provided
- Loss of prospective inheritance for the victim’s heirs
- The cost of the household services the victim provided
- Medical expenses incurred before the victim’s death
- Funeral expenses and burial costs
- Estate administration expenses
Some examples of the non-financial damages your family may pursue include:
- Loss of your loved one’s company and support
- Loss of parental guidance and instruction
- Loss of consortium, or loss of a spouse’s love and affection
Punitive damages are rare. They’re reserved for the most shocking cases, where the court determines that the defendant deserves to be punished for their intentional wrongdoing or shockingly reckless acts.
What Is a Survival Action in Pennsylvania?
Wrongful death cases are concerned with compensating survivors for their specific losses. Survival actions are different.
Assuming the victim survived for a period of time following an injury, their estate may sue to recover compensation for the decedent’s lost wages and medical bills incurred between the date of injury and the date of death. The estate may also pursue compensation for the victim’s own pain, suffering, and trauma.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Pennsylvania?
We work on a contingency fee basis. You won’t have to pay anything upfront. If we win, you pay a percentage of your settlement or verdict.
That way, you can afford quality legal representation without worrying about the price tag.
What Happens to My Family’s Right to Compensation if My Loved One Shared Some Blame for an Accident in Pennsylvania?
Your family’s compensation award will likely be reduced to the extent your loved one shared any fault.
Under Pennsylvania comparative negligence laws, all responsible parties are eventually assigned a percentage of fault. If the other side can prove your loved one shared some blame, your compensation will generally be reduced by that percentage. If that percentage is more than 50%, your family typically cannot recover compensation.
Insurance companies often use this law to get away with paying less than you deserve. We can protect you. If someone is trying to shift blame to your deceased loved one, call us today.
What Types of Accidents Give Me the Right to Sue for Wrongful Death in Luzerne County?
You may have a valid wrongful death claim any time you lose a loved one due to someone else’s actions or inaction.
Examples of the types of wrongful death cases our law firm handles include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Slip and fall accidents and other premises liability matters
- Medical malpractice
- Nursing home abuse
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Uber or Lyft accidents
- Swimming pool accidents
- Sports accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Defective products and product liability matters
- Intentional torts, including homicide, vehicular manslaughter, and other criminal acts
- Negligent security
We’re prepared to handle any type of wrongful death action. Schedule your free consultation today for more details on how we can help.
How Common Are Fatal Accidents in Pennsylvania?
Across the Commonwealth of Pennsylvania, 1,127 people lost their lives in traffic accidents during 2024. That’s about one death every eight hours.
At least 244 of those fatalities involved drunk drivers. Another 263 traffic-related deaths involved speeding.
Fatal accidents can occur in many different ways. 169 Pennsylvania workers were killed on the job in 2023. Thousands more die each year from fall-related injuries, poisonings, fires, and other types of accidents.
How Do I Prove Negligence in a Pennsylvania Wrongful Death Case?
The party who brings a wrongful death claim has the burden of proving liability. That means you must have evidence to show that someone else caused your loved one’s death.
Typically, you’ll be required to prove the four elements of negligence:
- Duty of care
- Breach of duty
- Causation
- Damages
Plainly, you must show that someone had a responsibility to exercise a reasonable amount of care, failed to exercise that reasonable caution, and thus caused the death of your loved one.
Is There a Deadline for Filing a Wrongful Death Lawsuit After a Fatal Accident in Pennsylvania?
The statute of limitations in wrongful death cases is generally two years. Your family usually has two years from the date of your loved one’s death to file a lawsuit.
We know it’s tough to even consider calling a lawyer while you’re grieving. We highly recommend that you contact us as quickly as possible after your loved one’s death. Your family’s financial security could depend on it.
Contact Our Trusted Luzerne County Wrongful Death Lawyers for a Free Consultation
Taking legal action can feel impossible when you’re suddenly facing life without your loved one. An experienced Luzerne County wrongful death lawyer can handle the legal issues on your behalf. Call Fellerman & Ciarimboli, Law PC to get the help you deserve today.
