Losing a loved one is difficult. Losing that person due to someone else’s negligence can be even harder. When you are grieving, hurt and worried about the future, it is uncomfortable to talk about insurance claims, wrongful death settlements and cash awards. However, when you run out of money and the bills pile up, you will be glad there was a professional and highly skilled lawyer who helped you get the compensation you deserve. A financial settlement can never replace your loved one, but it can help bring closure and security for your future.

The Scranton, Pennsylvania firm of Munley, Munley & Cartwright represents individuals and families that have lost a loved one or been seriously injured due to the negligence of another. We remain sensitive to our clients’ emotional needs during this difficult time, while helping to make sure their future financial needs are met.

According to the Centers for Disease Control, accidents and unintentional injuries are the fifth leading cause of death in the United States, and the number one cause of death for those between the ages of 1 and 40. In Pennsylvania in 2003, there were more than 5,000 accidental deaths – 4 percent of the total number of deaths for that year. Approximately 45 percent of unintentional injury deaths occurred in and around the home. Unintentional home injury deaths to children are caused primarily by fire and burns, suffocation, drowning, firearms, falls, choking and poisoning.

In the grief and confusion that follows the sudden and unnecessary loss of a loved one, families are expected to move quickly to pursue legal action against those responsible. An attorney that can advance your case decisively and determine the financial losses you’ve incurred is essential to getting the best verdict or settlement in a wrongful death lawsuit.

The common denominator for every wrongful death claim is that some degree of negligence on the part of another contributed to the victim’s demise. The resulting jury award or settlement is determined by several economic factors, including the victim’s life expectancy and life income, the pain, suffering and medical costs (if any) that the victim experienced before death, and intangibles related to the grieving family, such as loss of parenting, loss of companionship, emotional distress and anguish.

Wrongful death is a personal injury tort that holds an individual, group or corporation accountable for causing injury to another person. The primary goal of the tort is to provide relief to the plaintiff and deter the defendant from inflicting further harm to others.

The Pennsylvania Survival Act allows the deceased’s estate to recover any damages the deceased would have provided to their family had he or she lived, including earnings; medical and funeral expenses; estate administration expenses; survivor’s emotional pain and suffering, and punitive damages.

In Pennsylvania, the immediate family members (spouses, children and parents) have the right to pursue a wrongful death claim. The amount of damages awarded will depend on the plaintiff's relationship to the deceased, while the compensation for damages may include compensation for the following:

• Reimbursement for all medical expenses incurred as a result of the negligence.
• Reimbursement for the loss of any future income.
• Reimbursement for property damage, if applicable.
• Reimbursement for any future services normally provided to you by the person who has died.
• Reimbursement for loss of consortium, meaning a spouse's right to the companionship, help and affection from the person who has died.
• Reimbursement for any punitive damages if the negligence was found to be criminal.

The one thing that must be proven in all wrongful death cases is negligence, which is characterized by inattention, thoughtlessness, inadvertence and mistakes. Also, as with any personal injury claim, there is a time component as to when a wrongful death claim must be filed: A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.

The Scranton, Pennsylvania attorneys of Munley, Munley & Cartwright have represented the survivors of wrongful death victims across several practice areas, including those who’ve perished in car accidents, truck accidents, defective product accidents, and fatal events from pharmaceuticals and prescription drugs.

Monetary damages cannot bring a loved one back, but it can provide a means for a family to continue to live in the fashion to which it was accustomed, it can assure a college education for the children, it can provide medical and other necessities and comforts of life to help face an uncertain emotional future.

> Wrongful Death Legal Glossary

At Munley, Munley & Cartwright, our goal is to provide exceptional legal services to our clients. We strive to achieve the highest standard of excellence for the protection of individual rights through team work and the use of our considerable resources and experience. For a free consultation regarding your legal claim in Scranton, Pennsylvania or throughout the state, please submit the below form, or call us at: 1-800-318-LAW1