If you’ve lost a loved one in Lackawanna County, Pennsylvania, you may have legal options under state law. Filing a wrongful death claim can’t undo the loss, but it can help your family find a sense of justice and get the financial support you need. Contact Fellerman & Ciarimboli, Law PC at (570) 714-4878 to schedule a free initial consultation.
We’ve helped families through some of the most difficult moments of their lives, and we can do the same for you. Reach out to our Lackawanna County wrongful death lawyers today to learn more.
Why Hire Fellerman & Ciarimboli, Law PC for Help After a Fatal Accident in Lackawanna County, Pennsylvania?
You may be dealing with grief, shock, and financial uncertainty after losing a family member in a preventable accident in Lackawanna County, PA. With more than 100 years of combined experience and over $150 million recovered, Fellerman & Ciarimboli, Law PC understands what it takes to pursue these complex and emotionally charged cases.
If you hire us, we will stop at nothing to maximize the value of your claim and recover the compensation you and your family need. Wrongful death cases can be complex, especially when multiple parties are involved or liability is disputed. We know how to manage these issues and fight for the justice your loved one deserves.
Contact us today for a free consultation with a Lackawanna County personal injury attorney.
What Is Considered a Wrongful Death Under Pennsylvania Law?
Wrongful death happens when a person dies due to another party’s wrongful act, neglect, or unlawful violence. In civil court, this usually refers to negligence-based incidents, such as:
- Car accidents
- Dangerous property conditions
- Medical malpractice
- Workplace accidents
- Defective products
- Criminal conduct
Pennsylvania’s wrongful death law allows surviving family members to pursue compensation for the financial and emotional losses caused by the untimely death. These claims are different from criminal charges.
Even if the person responsible faces criminal prosecution, your family can still pursue a separate civil case for compensation.
Who Can File a Wrongful Death Claim in Lackawanna County?
Under state law, wrongful death claims in Pennsylvania must be filed by the personal representative of the deceased person’s estate. This person is often named in a will or appointed by the court.
If the personal representative does not file a claim within six months of the death, any of the beneficiaries entitled to recover can then file the claim instead. Beneficiaries typically include:
- The surviving spouse
- Children of the deceased
- Parents of the deceased
If none of these relatives survive, or if no one brings a claim, the lawsuit can be pursued on behalf of the estate. Any damages awarded in that situation would go through the estate and be distributed according to Pennsylvania’s laws of inheritance.
Who Is Liable for a Wrongful Death in Pennsylvania?
Wrongful death claims can be brought against any person, company, or entity whose actions (or inaction) led to someone’s death. Under Pennsylvania law, liability can arise from negligence, recklessness, or even intentional misconduct.
Some of the most common parties that may be held liable include:
- Negligent drivers in fatal car, truck, or motorcycle crashes
- Property owners who failed to fix dangerous conditions
- Businesses or corporations that created safety risks
- Medical providers who committed malpractice
- Product manufacturers who sold defective items
- Nursing homes or caregivers who neglected or abused residents
- Employers or third parties responsible for workplace deaths
In some cases, multiple parties may share liability. For example, in a commercial truck accident, both the driver and the trucking company might be responsible. Our attorneys will thoroughly investigate the circumstances of your case to identify every source of liability and hold all negligent parties accountable.
From there, we’ll gather evidence, consult with experts, and build a strong case designed to get your family the justice and financial recovery you’re entitled to under Pennsylvania law.
What if My Loved One Was Partially at Fault?
In some wrongful death cases, the defense may argue that your loved one was partly to blame for the incident. Under Pennsylvania’s modified comparative negligence rule, this could affect the amount of compensation your family can recover.
If the deceased is found to be less than 51% at fault, your award will be reduced in proportion to their share of the blame. But if the court finds they were 51% or more responsible, your family may be barred from recovering any compensation.
Insurance companies often use this rule to try to avoid paying fair damages. That’s one reason why hiring a lawyer is so important. We’ll fight back against unfair blame and work to preserve the full value of your claim.
What Compensation Is Available in a Pennsylvania Wrongful Death Claim?
Wrongful death claims in Pennsylvania are designed to provide financial support to the deceased person’s surviving family members. The law allows recovery for both economic and non-economic losses.
Compensation may include:
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Lost financial support and household contributions
- Loss of companionship, guidance, and emotional support
- Loss of services the deceased provided (childcare, housekeeping, and more)
Additionally, if the deceased person experienced pain and suffering before their death, a survival action may be filed. This type of claim is brought on behalf of the estate and seeks damages the person would have recovered if they had survived.
In certain cases involving egregious conduct, punitive damages may also be available. These are meant to punish the wrongdoer and deter similar behavior in the future.
How Much Does It Cost To Hire a Wrongful Death Lawyer in Lackawanna County?
Hiring a lawyer after a tragic loss may seem out of reach, especially if your family is already facing financial pressure. At Fellerman & Ciarimboli, Law PC, we never want legal costs to get in the way of justice. That’s why we handle wrongful death cases on a contingency fee basis.
This means you don’t pay anything upfront. You won’t owe us hourly rates or retainers. Instead, we only get paid if we recover money for your case. Our fee comes out of the settlement or verdict, not your bank account.
We’ll go over all the details with you during your consultation so you know exactly what to expect. If we don’t win or settle your case, you won’t owe us anything for attorney’s fees. This approach ensures that every family has access to skilled legal help, no matter their financial situation.
How Much Time Do I Have To File a Wrongful Death Lawsuit in Pennsylvania?
Pennsylvania law sets a strict deadline for filing wrongful death lawsuits. In most cases, you have two years from the date of your loved one’s death to take legal action in civil court. This is called the statute of limitations, and if you miss the deadline, you may lose your right to seek compensation forever.
However, some exceptions may apply. For example, if the person responsible cannot be located right away or if the death wasn’t immediately linked to the negligent act, the deadline might be extended. Still, these situations are rare, and courts enforce the standard two-year limit in most cases.
To protect your claim, it’s best to speak with an attorney as soon as possible. Gathering evidence and building a case takes time, so the sooner we can begin, the better.
Contact Our Lackawanna County Wrongful Death Attorneys for a Free Consultation
If your family has suffered the loss of a loved one due to someone else’s careless or wrongful behavior in Lackawanna County, Pennsylvania, the legal team at Fellerman & Ciarimboli, Law PC is here to help.
With more than 100 years of combined legal experience and over $150 million recovered, we’ve earned a reputation for excellence throughout Pennsylvania. We understand how difficult this time is for you, and we’re committed to guiding you through the legal process with dignity and compassion.
Call our experienced Lackawanna County wrongful death lawyers today or send us a message online to schedule a free consultation. We can answer your questions, explain your legal rights and options, and get started on your case at that time if you’re ready.
