Allentown Wrongful Death Lawyer

Definition of Wrongful Death Lawsuits in Allentown

When another person or organization’s negligent or careless conduct results in the death of your loved one, you may have a wrongful death case. The purpose of a wrongful death suit is to hold the responsible party accountable for their actions and to provide financial relief to the family of the deceased. In addition to your grief, you may face unexpected costs and sudden financial insecurity after the death of a family member.

An Allentown wrongful death attorney at Munley Law can help you recover wrongful death damages for:

• Medical expenses
• Funeral expenses
• Loss of future income
• Loss of companionship
• Pain and suffering
• Punitive damages, if applicable

What’s the Difference Between an Allentown Wrongful Death Claim and a Survival Action?

Wrongful death lawsuits and survival actions are personal injury cases, but they have key differences. A wrongful death lawsuit focuses on the losses experienced by the deceased person’s surviving family members. The lawsuit looks at how they’ve suffered, from an ongoing loss of income to funeral expenses, and compensates the family members for these things.

A survival claim, on the other hand, focuses on the losses experienced by the deceased person. This kind of claim is mostly utilized in cases where a person sustains ultimately fatal injuries but survives them for some time before passing away. In a case like this, the deceased person likely incurred medical expenses before they passed and possibly sustained lost wages as they attempted to recover. A survival action is intended to compensate for these losses.

Who Can File a Wrongful Death Lawsuit in Allentown, PA?

Family members of the deceased, including spouses, children, dependents, parents, siblings, and grandparents, can file a wrongful death claim. In Allentown, the representative of the deceased’s estate (also known as the executor) must be the one to bring a claim on behalf of the inheritors of the estate. However, if he/she does not do so within six months of the date of death, then any of the deceased person’s beneficiaries may file a claim.

Damages are distributed in the following way:

• If there was a surviving spouse and no children or parents, the spouse would get the entire settlement.
• If there was a surviving spouse and a surviving parent but no children, the spouse gets the first $30,000 and half of the remaining settlement, and the remaining portion of the settlement will be split between the deceased’s parents equally.
• If there was a surviving spouse and surviving children, the spouse will get the first $30,000 and half of the remaining settlement, and if the children belong to the surviving spouse, the courts will divide the remaining portion of the settlement between the children equally.
• If there were surviving children and no spouse, the settlement will be divided equally between the children.
• If there were surviving parents and no children or spouse, the settlement will be equally divided between the parents.
• If there were no surviving spouse, children, or parents – courts will divide the settlement amongst the deceased’s brothers, sisters, or nieces and nephews.

Wrongful death claims can be complex.  Selecting the right wrongful death lawyer with a high level of experience in Allentown will prove crucial to the success of your case. Our Allentown injury lawyers can guide you through the legal process.

Can Siblings Sue for Wrongful Death in Allentown?

Under Pennsylvania law, beneficiaries of a wrongful death lawsuit are limited to the deceased person’s parents, spouse, and children. However, if the deceased has no surviving parents, children, or spouse, the executor of the deceased’s will can file a wrongful death lawsuit. In such a case, the damages will be distributed evenly among the deceased’s siblings.

Proving Negligence in an Allentown Wrongful Death Claim

Negligence is the failure to use the standard of care that a reasonable person would have used in a similar situation. To prove negligence, you must prove some aspects of a wrongful death claim:

• Duty of Care: First, you must prove that the accused owed a “duty of care” to your deceased loved one. For example, a doctor responsible for treating your loved one has to perform their job in a manner consistent with the standard in their field of medicine. Likewise, drivers on the road must take reasonable care not to harm other drivers and pedestrians.
• Breach of Duty of Care: Next, you must show that the accused breached that “duty of care.” For example, you might need to demonstrate that your loved one’s doctor failed to properly diagnose an illness or made an error in prescribing medication. Similarly, you may need to prove that another driver behaved recklessly or broke traffic laws.
• Causation: Then, you will need to clearly show that that breach of “duty of care” caused the death of your loved one.

The Types of Wrongful Death Cases in Allentown, PA

While what happened to your family member may seem quite clear, to prove all of these elements is an enormous undertaking. An experienced Allentown wrongful death lawyer at Munley Law will assume that burden on your behalf. We have decades of experience in all types of wrongful death cases, including but not limited to:

Fatal Car and Truck Accidents

The Centers for Disease Control and Prevention reports that every year more than 32,000 people are killed in traffic crashes every year. We represent individuals and families who suffered the loss of a loved one in a fatal car, truck, bus, motorcycle, bicycle, or pedestrian accident in personal injury claims. According to the Pennsylvania Department of Transportation, Lehigh County was in the top ten Pennsylvania counties with the most reported traffic crashes and 30 traffic deaths in 2021. Busy roads in the Allentown area, including I-78, I-80, the Pennsylvania Turnpike, U.S. Route 22, PA Route 309, and PA Route 33, see thousands of trucks and passenger vehicles traveling through the area daily.

Those negligent in a motor vehicle accident wrongful death case in Allentown can include:

• Another driver
• Auto manufacturer
• Auto parts manufacturer
• Trucking company
• Roadway designers or those responsible for the condition of a roadway

Allentown Aviation Accidents

The Lehigh Valley International Airport brings commercial and private planes in and out of the Allentown area. Residents also use the Philadelphia airport, which is only an hour away. When negligence results in a fatal plane or helicopter crash, the responsible parties need to be held accountable. The accident could result from poor pilot training, faulty plane or equipment, mechanical negligence, structural defects, or negligence by the pilot or another employee. The aviation accident lawyers at Munley Law Personal Injury Attorneys are experienced in this challenging type of personal injury case, and we can help you.

Allentown Medical Malpractice

Medical errors are a leading cause of death in the United States. A medical malpractice wrongful death case may emerge when a patient dies from negligent care or a medical error. This can include negligence on the part of a doctor, anesthesiologist, hospital, or another healthcare provider that results in the death of a patient in Allentown. Causes of medical negligence and wrongful death cases in the Lehigh Valley may include:

• Medical misdiagnosis
• Delayed diagnosis
• Surgical errors
• Medication errors
• Hospital-acquired infections
• Emergency room negligence
• Nursing negligence
• Lab errors
• Anesthesia errors
• Childbirth errors
• Delayed treatment
• Nursing home negligence

 Work Accidents in Allentown, PA

Workplace and industrial accident deaths leave families devastated. When a fatal workplace accident in Allentown is the result of negligence, Munley Law Personal Injury Attorneys can help the family of the victim get the compensation they deserve for the loss of their loved one. We will not only help you recover workers’ compensation death benefits but will also pursue a wrongful death negligence case against any liable third parties. Fatal workplace accidents in the Lehigh Valley can include:

• Industrial machinery accidents
• Work transportation and trucking accidents
• Fires and explosions
• Falls
• Fatal exposure to toxins or other harmful substances

 Defective Products in Allentown

If the death of your loved one in Allentown, Bethlehem, or Easton resulted from a defective product, contact the wrongful death attorneys at Munley Law.  If the death was the result of negligence, through a faulty design, manufacturing error, or inadequate warning, you may have a wrongful death claim. Defective products that result in wrongful death in Allentown include:

• Recalled vehicles
• Dangerous prescription drugs
• Defective medical devices
• Exploding electronics
• Toys
• ATVs
• Malfunctioning equipment
• Defective appliances

Lehigh Valley Premises Liability Cases

If dangerous conditions on someone else’s property resulted in the death of your loved one, Munley Law has the experience you need to seek justice. Dangerous conditions on an Allentown property can result from poor maintenance, building code violations, inadequate warning of the hazard, or inadequate security. Premise liability wrongful death in the Lehigh Valley can result from:

• Fatal trip and fall accidents
• Fatal elevator or escalator accidents
• Fatal dog attacks
• Inadequate fire safety
• Inadequate security
• Defective construction
• Poor maintenance
• Fatal swimming pool accident
• Failure to warn of an unsafe condition

Construction Accidents in Allentown

Construction is one of the most dangerous occupations in the United States. Falls from heights, ladder accidents, heavy machinery accidents, and other injuries may result in death. If negligence contributed to your loved one’s fatal injury, you may have a wrongful death suit. Those negligent in a construction accident may include:

• Construction site property owner
• General or subcontractors
• Construction manager
• Equipment manufacturer or distributor

The Statute of Limitations in an Allentown Wrongful Death Lawsuit

In Pennsylvania, you have two years from the date of your loved one’s death to file a lawsuit. However, don’t wait until the statute of limitations expires to file your case. An Allentown wrongful death attorney will want to start investigating your case right away to ensure no evidence is lost or destroyed in the immediate aftermath of the accident. In many cases, this evidence will be key in winning your case and giving you the best chance at recovering from your loved one’s catastrophic accident.

In some cases, filing early can also help you avoid red tape. A skilled wrongful death lawyer can take action quickly without filing a formal lawsuit that could get you the results you need without a long, drawn-out court case.

So, regardless of the statute of limitations, you must seek legal representation as soon as possible. We want to ensure you and your family get the justice you deserve so you can focus on mourning.

How An Allentown Wrongful Death Attorney Can Help

Dealing with a death in the family is enough on its own. This is even more true when the death was avoidable and due to someone else’s negligence. Trying to navigate a complicated and potentially lengthy wrongful death claims process is not something you should ever have to do alone. Personal injury cases can be difficult to prove if you don’t have the right approach or knowledge of wrongful death lawsuits.

You and your family probably have a lot of questions about how to proceed after such a catastrophic event. It may even seem like the easiest and best thing to do is just to move on as quickly as possible. In fact, some insurance companies count on it and will make you an early offer hoping to settle your wrongful death claims quickly. An Allentown wrongful death attorney at Munley Law Personal Injury Attorneys can help you understand your rights. They can help you decide if you should you accept it, or try to obtain wrongful death damages in court.

Here are just a few of the ways an Allentown wrongful death attorney can help you with your wrongful death claim:

• Gather evidence. We will investigate your case in order to prove someone else’s negligence caused your family member’s death. This includes gathering evidence from surviving family members, negligent parties, third parties, and more. During this process, it’s key to have a skilled wrongful death lawyer who can identify what evidence is key to building your case and persuading a jury if need be. We can also gather evidence quickly so nothing gets lost or loses value over time.
• Find expert witnesses. In some cases, especially if technical or scientific information is needed to support your case, it will be key to utilize expert witnesses. These people can bolster the facts of your case and win wrongful death claims. At Munley Law Personal Injury Attorneys, we can identify these people and prepare them for trial as necessary.
• Determine who is at fault: In complex personal injury cases such as a wrongful death, it may be hard to determine who is responsible for your loved one’s death. A Lehigh Valley wrongful death attorney will be able to examine the evidence and prove who was at fault for the accident.
• IAnswer your questions. We are here for you and will guide you through the wrongful death claims process from start to finish. With our knowledge and experience in wrongful death lawsuits, we can help surviving family members with all of the unknowns in these types of cases.
• Fill out paperwork. The last thing surviving family members should be dealing with is red tape. We will be your personal representative to deal with insurance companies on your behalf and fill out any necessary paperwork.

Contact An Allentown Wrongful Death Lawyer Today

At Munley Law, we understand the emotional and financial strains your family is experiencing at this time. We believe in justice, and we want to alleviate your burdens, not add to them. For this reason, we work on a contingent fee basis. We do not charge a fee for our services unless we win your case. The fee is a percentage of the settlement or verdict, so you will never have to pay anything upfront or out of pocket. And, our fee will never exceed the amount paid to you. If we cannot get you the justice you deserve, you owe us nothing.

The initial consultation is free with no obligation, so contact us today. For compassionate representation in Allentown, contact Munley Law today.

Munley Law Personal Injury Attorneys

609 Hamilton St
Allentown, PA 18101
(610) 857-7424