Did you lose a loved one in a fatal accident in Kingston, PA? Your family may be entitled to compensation from the responsible party. An experienced Kingston wrongful death lawyer at Fellerman & Ciarimboli, Law PC can help you maximize your compensation for lost financial support, loss of consortium, and more. Call us at (570) 714-4878 to schedule a free consultation.
Our lawyers have over 100 years of combined experience in personal injury law. Since we started our law firm a couple of decades ago, we’ve helped injured clients and grieving families recover more than $150 million.
We offer a free consultation, so there’s no risk in asking for help. Call our law office today to schedule a free consultation.
Why Should I Choose Fellerman & Ciarimboli to Handle My Kingston Wrongful Death Claim?
Losing a loved one in Kingston, Pennsylvania, fundamentally changes a family. You deserve justice.
Over the years, our Kingston personal injury attorneys have built a reputation for success that works to your advantage. Most wrongful death cases involve intense negotiations with insurance companies and defense lawyers. The stakes are high, and you deserve a lawyer who’s up for the challenge.
When you hire the Kingston wrongful death attorneys at Fellerman & Ciarimboli, you benefit from an award-winning team that has been recognized by:
- The National Trial Lawyers
- Super Lawyers
- The Million Dollar Advocates Forum
- The Academy of Truck Accident Attorneys
- Trucking Trial Lawyers
When you hire us, a trial is always on the table — and that’s the last thing the insurance company wants to face. That gives us an edge in negotiating for the highest compensation award possible.
Contact our law firm today to schedule a free consultation.
How Does Pennsylvania Law Define Wrongful Death?
A wrongful death in Pennsylvania is a death caused by any “wrongful act or neglect or unlawful violence or negligence of another,” and the victim did not have the opportunity to pursue a personal injury claim before their death.
In short, if your loved one died because of someone else’s acts or omissions, you can seek to hold the at-fault party liable for compensatory damages.
How Do Wrongful Death Lawsuits in Pennsylvania Work?
In fatal injury cases, the victim’s right to sue for damages transfers to their:
- Surviving spouse
- Children
- Parents
The damages are distributed to the surviving family in accordance with Pennsylvania intestate laws.
The victim’s personal representative also has the right to file a lawsuit on behalf of the victim’s estate, assuming there is no surviving spouse, child, or parent.
In all cases, wrongful death cases are civil matters. Wrongful death claims are designed to compensate survivors, rather than punish a defendant. While the defendant could be facing criminal charges, the civil matter is entirely separate.
What Is My Kingston Wrongful Death Case Worth?
Courts and insurance companies consider a number of different factors when assessing the value of a personal injury case, including:
- The victim’s age and life expectancy
- The circumstances surrounding the death
- The victim’s surviving dependents, their identities, and their losses
- The victim’s pain, suffering, and trauma prior to death
- The victim’s earning capacity
- How the victim contributed to their household
- The mental pain, trauma, and grief your family has endured
- The financial costs your family has experienced, including medical costs, funeral expenses, and any out-of-pocket expenses incurred due to the fatal injury
Putting a dollar value on the loss of your loved one can be incredibly difficult. Unfortunately, pursuing full financial compensation is often the only way to get any justice. The goal is to recover the maximum amount possible to help you cope with your loss.
However, insurance adjusters are often reluctant to offer a fair settlement. Their job is to downplay your losses. So, to win a full settlement, you’ll have to fight for every dollar. Our Kingston wrongful death attorneys are ready to provide you with comprehensive legal support.
What Types of Damages Are Available to Survivors of Fatal Accidents in Kingston?
Survivors can seek both economic damages and non-economic damages in a wrongful death lawsuit.
Examples of your damages might include:
- Lost financial support and job benefits
- The value of the victim’s household contributions
- The pain and suffering your family has endured
- The loss of your loved one’s companionship, guidance, and support
- Loss of consortium
- Medical expenses incurred between the date of injury and the date of death
- Funeral and burial costs
- Estate administration expenses
It’s also possible the court may award punitive damages if the defendant’s acts were intentional or displayed a shocking disregard for human life. The chief purpose of these damages is to punish the defendant and deter others.
How Much Does it Cost to Hire a Wrongful Death Lawyer?
Our team at Fellerman & Ciarimboli works on a contingency fee basis. Our attorneys’ fees are directly tied to the results we achieve in your case. When you hire us, you will agree to pay us a percentage of the compensation we recover. Typically, our fees range from around 33% to 40%.
However, if we lose your case, you will not owe us anything.
Can I Recover Damages if My Loved One Is Being Blamed for Their Fatal Accident in Pennsylvania?
Under Pennsylvania’s modified comparative negligence laws, your family can lose your right to compensation if the victim was more than 50% responsible for their own injuries. If your loved one was partly liable, but less than 51% responsible, your damages will be reduced.
Allegations of shared fault are common in wrongful death cases. If the other side can show the victim was partly responsible, they may be able to avoid financial responsibility entirely.
Don’t let the defendant unfairly pin the blame on your loved one. They aren’t here to defend themselves. Our attorneys are ready to step up and protect your loved one’s good name. Give us a call today so that we can start pursuing the compensation you deserve.
We Handle All Types of Wrongful Death Cases in Kingston
Our lawyers in Kingston represent families who have lost loved ones in all types of situations, including:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Slip and fall accidents
- Dangerous property conditions
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Sports accidents
- Swimming pool accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Defective products
- Medical malpractice
- Nursing home abuse and neglect
- Negligent security, or assault and violence
Learning about your legal rights is risk-free. We offer a free consultation so regardless of the facts, you can get the legal advice you deserve.
How Common Are Deadly Accidents in Pennsylvania?
According to the Pennsylvania Department of Transportation, 1,209 people were killed in deadly traffic accidents during 2023. Another 169 Pennsylvania workers were killed in deadly workplace accidents that year. Additionally, thousands of victims in Pennsylvania lose their lives due to fall injuries, drownings, and firearm violence each year.
How Do I Establish My Family’s Right to Compensation in a Pennsylvania Wrongful Death Case?
As a survivor, you must prove that someone else somehow caused your loved one’s death. Most families have the burden of proving negligence in wrongful death cases.
Negligence means:
- The at-fault party owed your loved one a legal duty of care, such as obeying traffic laws, satisfying a medical standard of care, or maintaining safe property conditions.
- The defendant breached their duty by failing to use reasonable caution.
- That breach of duty was the direct cause of your loved one’s death.
- Your family suffered damages.
Additional legal theories may be relevant depending on the circumstances of your loved one’s death.
Regardless of the facts, you must present evidence to support every element of your case.
While you’re grieving, our attorneys will be working hard to compile the evidence you need to prove you deserve compensation. We’ll review medical records and accident reports, interview witnesses, locate video footage, and find any other evidence that’s relevant to your case.
How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in Pennsylvania?
Pennsylvania’s wrongful death laws typically give your family two years to file a lawsuit. This statute of limitations starts to run on the date of your loved one’s death.
Missing the deadline has serious consequences. Your family will lose the right to damages entirely once the statute of limitations expires. While some exceptions exist, an experienced lawyer can take immediate steps to protect and preserve your family’s right to seek compensation.
Contact a Skilled Kingston Wrongful Death Lawyer for a Free Case Evaluation Today
You’re grieving the loss of a loved one because of someone else’s actions. It’s natural to feel angry and overwhelmed. Our experienced legal team at Fellerman & Ciarimboli knows how to help. You can count on us to go above and beyond in our fight to recover the compensation your family needs and deserves.
Our attorneys have 100+ years of combined experience and have recovered over $150 million in damages.
Call us today to schedule a free consultation with an experienced Kingston wrongful death attorney. We’re prepared to use our knowledge and skills to help you.
