Best Wrongful Death Lawyers in Scranton

About Wrongful Death Law in Scranton, United States

Wrongful death law in Scranton, and generally across the United States, is designed to provide financial compensation to the survivors or estate of individuals whose deaths were caused by the negligence or misconduct of another person or entity. These laws ensure that, in cases where a person dies due to another's fault, such as in accidents, malpractice, or criminal activities, the bereaved family members can seek justice and financial restitution. In Scranton, wrongful death claims are grounded in Pennsylvania state law, which outlines the specific grounds and procedures for pursuing a lawsuit in these tragic scenarios.

Why You May Need a Lawyer

Seeking a lawyer's expertise in wrongful death cases is crucial for several reasons. Primarily, families face emotional distress during these times and may find the legal complexities overwhelming. A lawyer assists in gathering evidence, filing paperwork, and negotiating settlements. Often, wrongful deaths result from the following situations:

• Car and truck accidents caused by reckless driving or DUI.
• Medical malpractice, including misdiagnosis or surgical errors.
• Workplace accidents, particularly in hazardous industries.
• Defective products leading to fatal injuries.
• Criminal acts such as homicide.

An experienced lawyer will effectively advocate for the family's rights, working to secure compensation for medical bills, loss of income, funeral expenses, and loss of companionship, among other damages.

Local Laws Overview

In Scranton, the applicable laws stem from Pennsylvania state statutes governing wrongful death claims. Here are a few key aspects:

• Statutory Time Limits: The statute of limitations for filing a wrongful death lawsuit in Pennsylvania is typically two years from the date of death.
• Eligible Claimants: Only specific parties have the standing to file a wrongful death claim, namely the personal representative of the deceased’s estate or close family members, such as a spouse, children, or parents.
• Types of Damages: Damages can cover loss of income, funeral and burial expenses, medical bills incurred before death, and pain and suffering damages experienced by the deceased prior to passing.
• Shared Fault Rules: Pennsylvania follows the modified comparative negligence rule, meaning if the deceased was partially at fault, compensation can be reduced.

Frequently Asked Questions

What constitutes a wrongful death?

A wrongful death occurs when a person dies due to the legal fault of another person, which could include negligence, recklessness, or intentional misconduct.

Who can file a wrongful death lawsuit in Scranton?

In Pennsylvania, the personal representative of the deceased’s estate is typically responsible for filing a wrongful death lawsuit. Surviving family members, such as the spouse, children, or parents, might benefit directly from any compensation.

What types of damages can be claimed in a wrongful death lawsuit?

Damages can include funeral costs, loss of companionship, loss of income, inheritance loss, and emotional distress damages.

How long do I have to file a wrongful death claim?

The statute of limitations for filing a wrongful death lawsuit in Pennsylvania is typically two years from the date of the deceased person's death.

Can a wrongful death claim be filed if the deceased had some fault in the accident?

Yes, under Pennsylvania's modified comparative negligence rule, you can still file a claim. However, any compensation awarded may be reduced based on the deceased’s percentage of fault.

Will my wrongful death case go to trial?

Many wrongful death cases are settled out of court through negotiations. However, if a fair settlement cannot be reached, the case may go to trial.

How is compensation distributed among survivors?

Compensation from a wrongful death claim is typically distributed based on the financial needs and losses suffered by the decedent’s heirs, as dictated by Pennsylvania law.

Is it possible to handle a wrongful death claim without an attorney?

Technically, yes. However, due to the complexities involved in proving liability and damages, having an attorney is highly recommended.

Can I file a wrongful death claim if there was a criminal case?

Yes, a wrongful death claim is a civil matter separate from any criminal charges that may be filed against the responsible party.

How are attorney fees handled in wrongful death cases?

Most wrongful death attorneys work on a contingency fee basis, meaning they only get paid if you win your case or reach a settlement.

Additional Resources

For more information and assistance on wrongful death claims in Scranton, consider the following resources:

• Pennsylvania Bar Association: Offers legal resources and lawyer referral services.
• Lackawanna County Court of Common Pleas: Provides details on filing a wrongful death lawsuit locally.
• National Safety Council: Offers statistics and resources about preventable deaths and safety tips.
• Local hospice and grief counseling services: Provides support and counseling for the emotional impact of losing a loved one.

Next Steps

If you believe you have grounds for a wrongful death claim in Scranton, it's important to take action as soon as possible due to statutory time limits. Here is a step-by-step guide:

• Consult with a qualified wrongful death attorney to discuss the specifics of your case. Initial consultations are often free.
• Gather relevant documents and information, such as medical records, accident reports, and financial documents.
• Determine who will represent the deceased’s estate if not already appointed.
• Work with your attorney to file the necessary legal paperwork with Scranton’s appropriate courts.
• Engage in settlement negotiations or prepare for a trial, with your attorney guiding each step for the best outcome.

Taking prompt, organized action can help protect your legal rights and secure the compensation needed to navigate these difficult circumstances.