Did you recently lose a loved one in a fatal accident in Stroudsburg, Pennsylvania? Your family may deserve compensation. An experienced Stroudsburg wrongful death lawyer at Fellerman & Ciarimboli, Law PC can stand by your side and help you fight for justice. Call (570) 714-4878 to schedule a free consultation to learn about your legal rights today.
Our attorneys have over 100 years of experience–and are well-prepared to stand up and fight for your family. We’ve successfully recovered over $500 million to help protect the futures of families like yours. You can learn more about our top-quality legal representation today. Call our law offices to learn how we can help your family through this difficult time.
Why Should I Trust Fellerman & Ciarimboli, Law PC With My Family’s Wrongful Death Claim in Stroudsburg?
Grieving families in Stroudsburg, PA, choose Fellerman & Ciarimboli, Law PC because we’re respected, experienced, and honest legal advocates with a proven track record of success.
Our award-winning team members have been recognized by:
- The Multi-Million Dollar Advocates Forum
- The National Trial Lawyers
- The National Board of Trial Advocacy
- Super Lawyers
We’ve also been recognized by our clients themselves–with hundreds of five-star Google ratings. You’re not just another case to us. We understand the devastating loss your family has experienced–and we won’t stop until we’ve secured the fullest justice that the law has to offer.
It’s never too early to seek legal advice. Call us today to learn more about our Stroudsburg personal injury attorneys and our law firm during a free consultation.
What Is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit that allows certain surviving family members to seek compensation when a loved one dies because of another party’s negligence, recklessness, or intentional misconduct. These claims are designed to hold the responsible party accountable and help families recover compensation for the financial and personal losses caused by the death.
Wrongful death claims can arise from many types of incidents, including car accidents, truck accidents, workplace accidents, medical malpractice, defective products, and criminal acts. While no amount of compensation can replace a loved one, a successful claim can provide financial support and a measure of justice for surviving family members.
Wrongful Death Laws in Pennsylvania
Under Pennsylvania law, a wrongful death is defined as a death caused by the “wrongful act or neglect or unlawful violence or negligence of another.”
Pennsylvania reserves the right to sue for damages for:
- A surviving spouse
- The victim’s children
- The victim’s parents
If none of these parties exist, the victim’s personal representative can file the lawsuit. When a case is successful, the compensation is distributed to survivors according to Pennsylvania intestate succession laws.
What Is My Wrongful Death Case Worth?
As our attorneys evaluate the value of your wrongful death case, we’ll assess several important factors, including:
- Whether, and how, the victim supported their family financially
- How the victim contributed to the family in non-financial ways
- The plaintiffs’ relationships with the victim
- The victim’s age and life expectancy at the time of death
- The victim’s earning potential, considering prior work and education
- Your family’s expenses
- Your family’s trauma and suffering
- The circumstances of the death
Getting a fair compensation award can be critical to your family’s future. Without an experienced attorney in your corner, getting that financial award can be incredibly difficult.
Our Stroudsburg personal injury lawyers often collaborate with experts in finance, economics, and medicine as we build your case. With their help, we can establish the long-term impact of your loss.
What Compensation Can I Recover by Filing a Wrongful Death Lawsuit in Stroudsburg?
As in personal injury cases, your family can seek compensation for economic damages and non-economic damages in Pennsylvania.
Economic damages help with the objective financial losses your family has suffered due to the death. Examples of economic damages include:
- Lost financial support
- Lost job benefits, including health insurance, retirement benefits, etc.
- Loss of the value of the household services your loved one provided
- Medical bills incurred prior to death
- Estate administration expenses
- Funeral and burial expenses
- Property damage
Non-economic damages are awarded to help survivors cope with the trauma and grief they are experiencing due to the loss. Non-economic damages often depend on the relationship between the survivor and the victim. Examples include:
- Mental pain and suffering
- Loss of consortium, or loss of a spouse’s companionship and support
- Loss of parental guidance, support, and instruction
Punitive damages may also be available in cases where the defendant’s acts were intentional or shockingly reckless.
What Is a Survival Action in Pennsylvania?
In Pennsylvania, the victim’s personal representative may also file a survival action. Damages in survival actions are different. They’re meant to account for the victim’s damages.
Examples of damages in survival actions include:
- Medical bills
- Lost wages incurred between the date of injury and the date of death
- The victim’s own pain, suffering, and trauma
Survival options are possible if the victim survived for a period of time between the date of the injury and the date of death.
How Much Does It Cost To Hire a Wrongful Death Lawyer in Stroudsburg?
Financial stress can make a difficult time even worse. You don’t have to worry about legal costs in addition to everything else. Like most wrongful death attorneys, our law firm takes cases on a contingency fee basis. That means we deduct attorneys’ fees directly from your settlement or verdict.
You don’t pay up front, and you don’t pay unless we recover compensation.
What Should I Know About Pennsylvania Shared Fault Laws and My Wrongful Death Claim?
Pennsylvania follows modified comparative negligence laws. This means it’s possible that your family could lose your right to damages depending on how much blame is allocated to your loved one.
Here’s how it works:
- If the defense proves your loved one shared fault, your family’s compensation is reduced to account for their actions
- You only lose your right to damages if your loved one’s “share of fault” was greater than the defendant’s share of fault (more than 50%)
Wrongful death cases often involve high compensation awards. Insurance companies know they can use this rule to minimize the amount they pay. That gives them an incentive to shift any blame possible to the victim.
Our attorneys are always ready to dispute these types of unfair allegations.
Our Attorneys Handle All Types of Wrongful Death Claims in Stroudsburg
Fatal injuries can happen anywhere. Most often, they occur because of negligence. Our team at Fellerman & Ciarimboli, Law PC is prepared to handle any type of wrongful death case, including those based on:
- Motor vehicle accidents, including car accidents, truck accidents, and motorcycle accidents
- Fall accidents, including slip and fall accidents and falls from heights
- Violence, including firearm violence, gun violence, and fatal assaults
- Drunk driving accidents
- Dangerous property conditions (premises liability)
- Accidents involving pedestrians or bicyclists
- Workplace accidents, including industrial and construction accidents
- Boating accidents
- Defective products
- Medical malpractice
- Nursing home abuse
Every case is different. Our attorneys always conduct an independent investigation. That way, we can uncover every factor that contributed to your loved one’s death.
What Do I Have To Prove To Recover Compensation for Wrongful Death in Pennsylvania?
Most plaintiffs must prove negligence to recover damages. The four elements of a negligence claim include:
- A legal duty of care: For example, all drivers have a duty to obey traffic laws and use reasonable caution behind the wheel
- Breach of duty: A breach of duty occurs when someone fails to use reasonable caution
- Causation: Causation means that the death would not have occurred “but for” the defendant’s actions
- Damages: Damages are the specific losses your family has experienced
Our lawyers will conduct a detailed investigation to locate evidence needed to prove each of these elements.
How Much Time Do I Have To File a Wrongful Death Lawsuit After a Fatal Accident in Pennsylvania?
Pennsylvania has a two-year statute of limitations in wrongful death cases. The statute of limitations is a deadline. With this rule, you lose your right to damages if you wait longer than two years to sue for damages. That two-year period starts on the date of death.
Call Our Experienced Stroudsburg Wrongful Death Lawyer for a Free Case Review Today
Our team at Fellerman & Ciarimboli, Law PC knows that money can’t ever replace your loved one. The compensation you receive can help you provide financial stability for your family. A compassionate Stroudsburg wrongful death attorney can handle every aspect of your case–giving you time to take care of your family and heal.
Contact us today to schedule a free consultation to talk about your options after losing a loved one in Stroudsburg, PA.