Losing a loved one unexpectedly can be devastating. The legal team at Fellerman & Ciarimboli, Law PC is here to stand beside you during this challenging time and fight for the justice and accountability your family deserves when you call (570) 714-4878.
If your loved one was killed due to someone else’s negligence or intentional conduct, it can be maddening. You shouldn’t have to go through this terrible ordeal simply because someone acted carelessly.
If you have recently lost a loved one, a Columbia County wrongful death lawyer can evaluate your situation and explain if you have viable grounds to file a lawsuit against the negligent party under Pennsylvania’s wrongful death statute.
Get started today with a free, no-obligation consultation when you contact our Columbia County, PA, office.
Why Choose Fellerman & Ciarimboli Law, PC as Your Wrongful Death Law Firm
For more than 25 years, the personal injury and wrongful death lawyers of Fellerman & Ciarimboli, Law PC have fought zealously to uphold the rights of victims throughout Columbia County, Pennsylvania, and the surrounding areas.
We bring a wealth of more than a century’s worth of legal experience, equipping us with the knowledge, skillset, and resources to bring forth successful legal claims on behalf of our clients. Our success has resulted in more than $150 million for our deserving clients.
When you hire us, you get an entire legal team dedicated to:
- Ensuring you understand state law and how it impacts your legal claims
- Supporting you with making informed decisions about your case
- Gathering complete evidence so you have a full understanding of all the factors that contributed to your loved one’s death
- Protecting your rights against insurance companies and defendants who want to avoid liability
- Pursuing fair compensation through tough negotiations or a trial
Learn more about what it’s like to work with our caring and compassionate Columbia County personal injury attorneys when you call for a free case review.
How Does Pennsylvania Define Wrongful Death?
Pennsylvania’s wrongful death statute provides for the right to take legal action after a death if that death was caused by a wrongful act, neglect, unlawful violence, or negligence of another person and the victim had not already received compensation for the injuries through a personal injury claim.
Differences in Wrongful Death Cases and Criminal Cases
Some wrongful death cases involve criminal acts, while others do not. Criminal cases and wrongful death cases are very different. Criminal cases seek to punish someone for violating a law. The focus of the case is on punishment, which could include imprisonment, fines, or other consequences.
Wrongful death cases are civil claims that seek financial redress after someone is harmed. They are often based on negligence. The court tries to put the family in the position they would have been in had the accident not occurred.
Common Causes of Wrongful Death Actions
Pennsylvania’s wrongful death law provides the right for certain family members to file a wrongful death case if their loved one’s death was caused by negligent or intentional conduct. Therefore, violent acts such as battery or nursing home abuse could provide a cause of action for a wrongful death case.
However, most wrongful death cases are based on negligence, which is when the death happens when a person breaches a duty of care that causes the death. Common types of accidents that can lead to wrongful death claims include the following:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Premises liability accidents
- Slips and falls
- Dog bites
- Defective product accidents
- Medical malpractice
- Workplace accidents
- Construction accidents
If your loved one died in any of these situations, you could have the right to seek justice and accountability through a civil wrongful death claim.
Who Can File a Wrongful Death Lawsuit?
The state’s wrongful death statute only allows the following individuals to file a wrongful death lawsuit:
- Surviving spouse
- Children
- Parents
If none of these exist, the personal representative of the decedent’s estate can file a wrongful death action to recover damages for the decedent’s reasonable hospital, nursing, medical, funeral expenses, and expenses of administration triggered by the death.
Who Receives the Proceeds From a Wrongful Death Case?
The same people who can bring the wrongful death action can receive the proceeds of the case, except that when the personal representative files the case, the proceeds go to the estate. The beneficiaries receive the proceeds in accordance with the rules of intestacy.
Under these rules, proceeds are distributed as follows:
- Surviving spouse: The entire estate if there is no surviving child, grandchild, or parent of the decedent; $30,000 plus one-half of the remaining intestate estate if there is a surviving child, grandchild, or parent.
- Surviving child or grandchild: Half of the remaining intestate estate if there is a surviving spouse; all of the intestate estate if there is no surviving spouse.
- Surviving parent: Half of the remainder of the intestate estate if there are no children, but there is a surviving spouse; all of the estate if there is no surviving spouse or child.
An experienced lawyer can explain these complex rules to you and what you may be able to receive through a wrongful death claim.
What Damages Can Our Family Recover in a Wrongful Death Claim?
At Fellerman & Ciarimboli, Law PC, we understand that no amount of money could ever compensate for the loss of your loved one. Unfortunately, awarding damages against the at-fault party is the only way the civil courts have to provide a sense of justice and accountability.
While compensation cannot completely alleviate the sadness you are feeling, it can help ease the burden of financial stressors brought on by the premature death.
Wrongful Death Action
Your family may be able to recover compensation for the following losses following a wrongful death:
- Reasonable hospital, nursing, medical, funeral, and administrative expenses caused by the death
- Economic loss to the decedent’s family, such as for loss of financial support, benefits, or inheritance
- Loss of services
- Loss of society and comfort that your loved one would have provided had they lived
- The emotional and psychological loss that your family suffers due to the death
We’ll help you quantify all of your losses.
Survival Action
In addition to damages you could receive through a wrongful death claim, you may have the right to file a survival action on your loved one’s behalf. This is a distinct legal claim that pursues the damages your loved one would have been able to seek through a personal injury case had they lived.
Damages could include:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
- The decedent’s pain and suffering
The personal representative of your loved one’s estate is responsible for filing this type of legal claim.
Who Is Responsible for Paying Damages in a Wrongful Death Case?
The answer to this question will depend on the facts surrounding your loved one’s death. Potential defendants in wrongful death actions could include the following:
- Negligent motorists
- Truck drivers or trucking companies
- Mechanics or cargo loading companies
- Governmental entities
- Property owners
- Employers
- Nursing homes
- Nursing home staff
- Healthcare providers
- Dog owners
- Construction site managers
- General contractors
- Subcontractors
Many times, it is possible to file an insurance claim with the defendant’s liability insurance company to pursue compensation for a wrongful death.
What Is My Wrongful Death Case Worth?
The economic value of a wrongful death case will depend on various factors, so there’s no average wrongful death case value. The compensation you might be able to recover can vary based on factors such as:
- The court where your case is filed
- Your relationship to the decedent and the priority order of inheritance based on the laws of intestacy
- The circumstances surrounding your loved one’s death
- Who is responsible for your loved one’s death and their insurance coverage
- Whether your loved one contributed to the accident
- The specific economic harm you suffered
- Whether your case settles or goes to trial
The best way to determine the value of your claim is to work with an experienced wrongful death lawyer.
What Is the Deadline To File a Wrongful Death Lawsuit in Pennsylvania?
Most wrongful death lawsuits must be filed within two years of the decedent’s death, according to the Pennsylvania statutes of limitations. If you don’t file a lawsuit within the second anniversary of your loved one’s death, you can forfeit your right to pursue compensation through the civil courts and may have to bear the additional financial toll the death has caused your family.
There are exceptions to the statutes of limitations, some of which extend the deadline, while others shorten it. It is best to speak to a wrongful death lawyer promptly so they can begin an investigation and take legal action within the applicable timeframe.
Contact Our Wrongful Death Lawyers for a Free Consultation Today
If someone else’s negligence caused your loved one’s death in Columbia County, PA, you deserve to have the chance to fight for justice. The compassionate legal team at Fellerman & Ciarimboli, Law PC is here to help after the tragic loss of a loved one.
We can investigate your case, determine who is responsible for your loved one’s death, and seek to hold them responsible to the fullest extent of the law. Call us today to arrange a free consultation with a Columbia County wrongful death lawyer.
