Have you recently lost a spouse, parent, or child in an accident in Berwick, Pennsylvania? Contact Fellerman & Ciarimboli, Law PC at (570) 714-4878 for the insight and support you need during this trying time. You may be entitled to compensation, and working with our experienced Berwick wrongful death lawyers can help you achieve the case results you deserve.
For over two decades, Fellerman & Ciarimboli, Law PC has stood up to multinational corporations and government agencies on behalf of grieving families throughout Northeastern Pennsylvania. We’re home to some of the Commonwealth’s most respected trial attorneys, whose collective experience spans more than 100 years. Our fearless negotiation and litigation strategies have resulted in $150+ million (and counting) in monetary awards.
Discover how we can ease the burdens you’ve experienced in the wake of your loved one’s tragic death by calling our Berwick wrongful death lawyers today. Your first consultation is free.
Why Trust Fellerman & Ciarimboli, Law PC With Your Wrongful Death Lawsuit in Berwick, PA
At Fellerman & Ciarimboli, Law PC, we are unwavering legal advocates backed by over 100 years of collective experience handling high-stakes personal injury disputes. Families turn to us during the most agonizing times in their lives because they know we can be trusted to put their best interests first and do everything within our considerable power to make a difference in their lives.
Take the time you need to grieve your family member’s passing and count on our top-rated Berwick personal injury lawyers to handle the rest. We won’t stop fighting until those responsible for your loved one’s death have been held financially accountable.
There’s a limited time to pursue damages, so don’t hesitate to contact us to arrange a free consultation today.
What is a Wrongful Death Claim?
Pennsylvania tort law gives you the right to file a legal claim for damages if you get hurt because someone else is negligent. The right to sue isn’t lost just because an injury is fatal. Instead, it shifts to another party.
This is known as a wrongful death claim.
Under Pennsylvania’s Wrongful Death Act, as found in 42 Pa. C.S.A. Section 8301, a wrongful death claim can be pursued when the “death of an individual [is] caused by the wrongful act or neglect or unlawful violence or negligence of another.”
Wrongful death claims serve two purposes:
- To ensure that negligent actors are held accountable for the harmful consequences of their actions; and
- To compensate the decedent’s surviving heirs for the monetary costs and harder-to-value trauma they experience in the wake of an avoidable death.
Not just anyone can pursue a wrongful death claim. Instead, a wrongful death lawsuit must be initiated by the decedent’s personal representative. Typically a close friend or family member, the personal representative is either named by the decedent in their will or appointed by a state court judge.
Damages awarded in a wrongful death lawsuit are paid to the estate and then distributed to the decedent’s spouse, children, and/or parents, depending on which heirs survive them.
Fighting for Families in All Types of Wrongful Death Cases
At Fellerman & Ciarimboli, Law PC, we represent spouses, children, and parents of fatally-wounded accident victims in Berwick in cases involving:
- Car accidents
- Truck accidents
- Bus accidents
- Motorcycle accidents
- Train accidents
- Bicycle accidents
- Pedestrian accidents
- Uber accidents
- Product liability
- Nursing home abuse
- Medical malpractice
- Premises liability
- Slip and fall accidents
- Dog bites
- Workplace accidents
- Construction accidents
- Assault and other intentional torts
- Aviation accidents
- Boating accidents
You’ll have one opportunity to pursue compensation for your loved one’s wrongful death. Make the most of it by trusting our experienced and compassionate Pennsylvania wrongful death lawyers in Berwick to fight for you. We can offer the level of skill and the depth of resources you’ll need to win your case and maximize your recovery.
Can Shared Fault Affect My Family’s Pennsylvania Wrongful Death Settlement?
Yes. Pennsylvania’s modified comparative negligence rule will apply to civil wrongful death cases. Under the state’s shared fault system, damages can be awarded when a decedent’s contributory fault is equal to or less than 50 percent. However, once the decedent’s shared fault is 51 percent or greater, the family forfeits the right to recover compensation from another liable party.
In situations when a decedent shares a small percentage of the blame, damages are reduced proportionately to fault. If your spouse was killed in a fatal car accident in Berwick and allocated 25 percent of the blame for the deadly crash, your wrongful death settlement or jury award would be reduced by 25 percent to account for that.
It’ll be important to anticipate strategies designed to point fingers at your family member and shift the blame. If the insurance company can do this successfully, it will limit your family’s monetary award or prevent one altogether. When you hire Fellerman & Ciarimboli, Law PC, we’ll tackle claims of shared fault head-on, working to protect your financial interests at every turn.
What Damages Can Be Awarded in a Wrongful Death Case?
Wrongful death lawsuits are intended to help surviving family members deal with the objective costs and harder-to-value suffering they experience in the wake of a tragic death.
This can include money for:
- Lost wages, income, benefits, business interests, and financial support
- Lost inheritance
- Funeral, burial, and/or cremation expenses
- Lost support and services
- Medical expenses
- Loss of comfort, care, and companionship
- Loss of consortium
- Loss of instruction and society
Additional compensation can potentially be awarded to the decedent’s estate through a related survival action. Under Pennsylvania law, a survival action can be pursued by the state to recover compensation for any expenses or suffering the decedent experienced if they did not succumb to their fatal injuries right away.
Punitive damages might also be appropriate if there’s compelling evidence that a defendant’s conduct was grossly negligent or intended to cause harm. However, punitive damages can only be awarded at trial, not as part of a settlement.
How Much is My Wrongful Death Case Worth?
It depends. A lot goes into calculating how much money a family can be awarded in a Pennsylvania wrongful death case.
Some factors include:
- How much did the family rely on the decedent for financial support?
- How much did the family rely on the decedent for support in the household?
- What was the nature of the relationship between the decedent and the surviving heirs?
- How old was the victim at the time of their death?
- What was the victim’s life expectancy before they were fatally injured?
- Did the victim survive their injuries for any amount of time before passing?
Working with an experienced wrongful death attorney near you in Berwick, PA, can help to ensure that you fully appreciate what your legal claim is worth and empower you to make informed decisions when approached with a settlement. Don’t hesitate to call Fellerman & Ciarimboli, Law PC to discuss the details of your wrongful death claim today.
What Will it Cost to Hire a Wrongful Death Attorney in Berwick?
You won’t pay anything out of your own pocket to hire Fellerman & Ciarimboli, Law PC to represent you in a wrongful death action. Our Berwick personal injury attorneys represent families on a contingency fee basis.
We stake our attorney fees on the results we achieve. You pay absolutely nothing until we win compensation for your wrongful death case.
When we recover a settlement or win a verdict at trial, our fees are deducted from the total, along with any case-related costs we invested to pursue your claim. This arrangement gives you access to the top-tier legal representation you deserve without any added stress or anguish.
Is There a Statute of Limitations on Wrongful Death Lawsuits in Pennsylvania?
Pennsylvania applies a two-year statute of limitations to most wrongful death cases. The statute of limitations begins to run on the date of a victim’s passing, which might not be the same as the date they were fatally wounded.
The personal representative of the decedent’s estate must file the wrongful death claim before time runs out. Once the filing deadline passes, the opportunity to demand compensation from an insurance company or another responsible party is lost.
Schedule a Free Consultation With a Trusted Berwick Wrongful Death Attorney
You’re grieving an unimaginable loss because someone else was careless. Now, it’s time to make sure they’re held accountable. Call Fellerman & Ciarimboli, Law PC, and count on our Berwick wrongful death attorneys to fight for the financial justice you and your family deserve.
We’re award-winning Pennsylvania trial lawyers with over a century of collective experience. Our winning legal strategies have led to more than $150 million in settlements and jury awards.
Now, we’re prepared to help your family fight back after a fatal accident changed your life forever. Call our law office in Berwick to learn more and arrange a time for a complimentary case review.
