Bloomsburg Wrongful Death Lawyer 

If you’ve lost a loved one due to someone else’s negligence or misconduct in Bloomsburg, you may be entitled to compensation. As experienced Bloomsburg wrongful death lawyers, we understand the complexities of these cases and are here to help you navigate this difficult time.

What is Wrongful Death?

Wrongful death occurs when a person dies due to the negligence or misconduct of another party. Examples include fatal accidents, medical malpractice, or criminal actions. In these cases, the deceased’s family may be eligible to file a wrongful death lawsuit to seek compensation for their loss.

Key Aspects of Wrongful Death

Negligence: The foundation of a wrongful death claim is the demonstration that the death resulted from another party’s negligence, misconduct, or intentional act. This could include a range of scenarios, such as a car accident caused by a reckless driver, a fatal injury due to unsafe working conditions, or a death resulting from a criminal act.

Liability: For a wrongful death claim to be successful, it must be proven that the death occurred due to the legal fault of another party. This involves establishing that the party had a duty of care towards the deceased, breached that duty, and directly caused the death.

Types of Incidents Leading to Wrongful Death

Common situations that can lead to wrongful death claims include:

• Vehicle accidents, including cars, trucks, motorcycles, and bicycles.
• Medical malpractice, such as surgical errors or misdiagnosis.
• Workplace accidents, particularly in high-risk industries.
• Product liability cases, where defective or dangerous products cause death.
• Criminal acts, including violent crimes.

It’s important to distinguish wrongful death claims from criminal homicide cases. While both involve a death caused by another party, wrongful death is a civil action seeking financial compensation, not criminal penalties. However, the same act can lead to both a wrongful death lawsuit and criminal charges.

In wrongful death cases, the standard of proof is typically “by a preponderance of the evidence,” which is lower than the “beyond a reasonable doubt” standard required in criminal cases. This means that the plaintiff must show that it is more likely than not that the defendant’s actions caused the death.

Impact on the Deceased’s Loved Ones

Wrongful death claims provide a legal pathway for the deceased’s loved ones to receive compensation for their loss. This can include damages for lost income, loss of companionship, emotional distress, and funeral expenses. These claims also serve to hold the responsible party accountable and can bring a sense of closure to the bereaved family.

Who Can File a Wrongful Death Lawsuit in Bloomsburg, Pennsylvania?

In Bloomsburg, the process and eligibility for filing a wrongful death lawsuit are defined under state law. Understanding who can bring forth such a lawsuit is essential for families seeking justice and compensation for their loss.

Eligibility to File the Lawsuit

Personal Representative of the Estate: The wrongful death lawsuit must initially be filed by the personal representative (or executor) of the deceased person’s estate. This individual is often named in the will or appointed by the court if there is no will. The personal representative who files the wrongful death lawsuit is not necessarily among the beneficiaries who will receive compensation as a result of the lawsuit. 

Beneficiaries of the Deceased: If the personal representative does not file the lawsuit within six months of the date of death, any of the deceased person’s beneficiaries may file the claim. This is done on behalf of all beneficiaries and includes the deceased’s surviving spouse, children, and/or parents.

Time Limit for Filing a Claim

It’s important to note that Pennsylvania law sets a statute of limitations for wrongful death claims. These lawsuits must be filed within two years of the date of the person’s death. Failing to file within this period can result in the loss of the right to sue.

How Much Can You Sue for a Wrongful Death?

The amount you can sue for in a wrongful death case varies. Damages often include compensation for medical expenses, funeral costs, lost wages, loss of companionship, and emotional distress. Each case is unique, and our experienced attorneys can help estimate the value of your claim.

Damages in a Wrongful Death Case

In a successful wrongful death lawsuit in Bloomsburg, PA, the court may award damages to compensate for:

• Funeral and burial expenses.
• Hospital and medical expenses incurred due to the wrongful act.
• Estate administration expenses.
• Lost wages and benefits, including future earnings the deceased would have reasonably been expected to earn.
• Loss of the deceased’s household services, society, comfort, and guidance.

These damages are intended to compensate the deceased’s immediate family members for their losses. However, if there are no surviving family members, the personal representative can still seek damages to cover funeral and burial expenses, medical expenses, and estate administration costs.

What Are the Chances of Winning a Wrongful Death Lawsuit in Bloomsburg?

Success in a wrongful death lawsuit depends on various factors, including the strength of evidence and the specifics of the case. Our team has a strong track record of securing favorable outcomes for our clients in wrongful death cases.

What is a Survival Action?

A survival action is a lawsuit brought on behalf of the deceased’s estate for the pain and suffering or lost wages the deceased endured from the time of their injury until their death. This is separate from a wrongful death claim and can provide additional compensation.

Why Choose Munley Law for Your Wrongful Death Case

When facing the devastating loss of a loved one due to wrongful death, choosing the right legal representation is crucial. Munley Law stands out as a premier choice for several compelling reasons:

Unmatched Expertise and Experience

Decades of Specialized Practice: With over 60 years of experience, Munley Law has a deep-rooted history in personal injury law, including wrongful death cases. This extensive experience equips them with unique insights and strategies to handle even the most complex cases.

The attorneys at Munley Law have received national recognition for their legal prowess. Their team includes lawyers consistently named among the Best Lawyers in America and selected to Pennsylvania Super Lawyers, highlighting their expertise and commitment to excellence.

Many of the lawyers at Munley Law are board-certified by the National Board of Trial Advocacy, a testament to their high standards of competence, ethics, and professionalism in the legal field.

Client-Centered Approach

Munley Law understands the emotional toll of wrongful death cases. They offer compassionate, personalized service, ensuring that clients feel supported and informed throughout the legal process.

The firm is dedicated to achieving justice and maximum compensation for their clients. They take the time to understand each client’s unique situation and tailor their approach accordingly.

Proven Track Record of Success

Munley Law has a history of securing significant settlements and verdicts for its clients, demonstrating our attorneys’ ability to effectively advocate and negotiate on behalf of those they represent.

The firm utilizes cutting-edge technology and a network of experts to build strong cases. From accident reconstruction specialists to medical professionals, they spare no expense in proving their client’s claims.

No Fee Unless You Win

Munley Law operates on a contingency fee basis, meaning clients pay no fees unless the firm wins their case. This approach aligns the firm’s interests with those of their clients and makes high-quality legal representation accessible to all.

Ready to Fight for You

Unlike some firms that only settle out of court, Munley Law’s attorneys are seasoned trial lawyers. They are prepared to take cases to trial if that’s what it takes to achieve the best outcome for their clients.

Understanding the urgency and sensitivity of wrongful death cases, Munley Law offers round-the-clock availability to address clients’ concerns and provide legal assistance whenever it’s needed.

Contact a Bloomsburg Wrongful Death Lawyer

If you’re facing the aftermath of a loved one’s wrongful death in Bloomsburg, contact us for a free consultation. Our compassionate team will guide you through the legal process and fight tirelessly to secure the justice and compensation you deserve.