If you have lost a loved one in a car accident in Carbondale, Munley Law’s Carbondale fatal car accident attorneys can provide legal guidance to you during this challenging time.
For nearly 70 years, our lawyers have handled wrongful death cases in Carbondale and beyond, winning millions in settlements for our clients, including $17.5 million for a car accident death case and $3.9 million for another wrongful death case. Our car accident attorneys are recognized by the American Association for Justice, the Pennsylvania Bar Association, Best Lawyers, and Super Lawyers, by which Marion Munley has been named to the Top 10 Super Lawyers in Pennsylvania list. All of our partners have been listed in the National Trial Lawyers Association’s Top 100 Trial Lawyers in Pennsylvania directory, and J. Christopher Munley is also named to the NTLA’s Top 25 Motor Vehicle Trial Lawyers list.
To discuss your case, contact Munley Law today. We offer free, no-obligation consultations and charge no fees unless we win.
Call Us At 844-686-5397 How Can a Carbondale Car Accident Attorney Help After a Fatal Wreck?
Our Carbondale car accident attorneys can guide you through the following legal steps following a fatal car wreck in Carbondale, PA.
Determine a Cause of the Collision and Establish Negligence
We know that determining the cause of a fatal wreck can be a challenge, as one of the most critical eyewitnesses is unable to share their testimony. However, there are still ways to determine the cause of the collision and establish negligence.
Your attorney can work through the investigation to establish liability by:
- Reviewing the police reports
- Meeting with witnesses
- Working with accident reconstruction specialists
- Establishing the conditions of the accident (such as weather, road conditions, time of day, intoxication, etc.)
While no two car accidents are the same, certain conditions, locations, and actions are most likely to occur in a fatal car accident, such as:
- Fatigued driving after working a late-night shift in Carbondale, PA
- Poor weather conditions
- Swerving the vehicle to avoid hitting something or someone
- Reckless driving
- Failing to abide by traffic laws, including failure to yield, stopping at red lights, etc.
- Overreacting to avoid something or someone in the roadway, leading to a collision
- Careless and distracted driving
- Improper lane merging
- Driving while under the influence in Carbondale
- Speeding
Once a cause has been determined, negligence will be established. From there, a wrongful death claim can be pursued.
Pursue a Wrongful Death Claim
For your fatal car accident case to be considered for a wrongful death claim, you must prove negligence led to the death of your loved one. Carbondale car accident attorneys do this by establishing that the at-fault party had a duty of care owed to other drivers, which they breached. From there, it must be provable that the breach caused the death of the car accident victim. Finally, your attorney must establish that actual damages were suffered due to this conduct.
It is not enough for the other driver to have been part of the accident that led to death; they must have been negligent in their conduct, which resulted in the death of the victim.
Winning a wrongful death claim can be challenging without the right lawyer by your side. Munley Law can help.
Evaluate the Value of the Claim
Part of establishing a wrongful death claim for a fatal collision is calculating the value of the accident. This is not only the financial losses your family endured but also the emotional ones. Car accident lawyers can help you calculate the value of your claim by reviewing the following:
- Medical bills that resulted from the accident, especially if the death was not immediate
- Lost wages that you may have from time away from work, as well as the wages your loved one made before the accident
- Property damage
- Pain and suffering
In cases where the victim was a parent or spouse, the family also suffers from loss of companionship, consortium, and more, all of which can become an emotional and financial burden to bear.
Recover Compensation For Your Short and Long-Term Losses
Once the value of your claim has been established, your lawyer will fight for the maximum compensation available to you. In addition to the losses mentioned above, you may be entitled to punitive damages if the at-fault driver was grossly negligent or their actions were intentional.
Unlike car accidents where the victim suffers injury but recovers and can return to work, in these cases, you can also recover compensation for wages they would have earned had they not been killed in the wreck. Further, you may be entitled to compensation for funeral and burial costs.
Your fatal car accident lawyer will walk you through all potential modes of recovery.
Who Can File a Wrongful Death Claim for a Fatal Car Accident in Carbondale?
Under Pennsylvania law, a wrongful death claim is filed by the personal representative of the deceased’s estate. Any compensation recovered is distributed to the surviving spouse, children, or parents, in that order of priority (42 Pa. C.S. § 8301). If the personal representative does not file within six months of the death, the surviving spouse, children, or parents may file the claim directly.
Separately, if your loved one survived for a period after the accident before passing, the estate may also be able to bring a survival action (42 Pa. C.S. § 8302) to recover damages for the pain and suffering, medical expenses, and lost earnings your loved one personally experienced between the accident and their death. A wrongful death claim and a survival action are two distinct legal claims that are often pursued together.
What is The Average Settlement for a Fatal Car Accident?
There is no average settlement for fatal car accidents, as every case is unique. However, standard factors determine a settlement amount.
- Age of Deceased: One of the first factors used to calculate a settlement is the age of the deceased. This is because while losing a child is devastating, the economic impact of their loss will not be as significant as losing an adult who was the primary income earner or caregiver in the family.
- Income of the Deceased: The more income the deceased made, the more the claim is worth, as their income will now be considered damages in the case.
- Family Size: How many people depend on the deceased will significantly impact the claim’s value. For example, a young man who dies leaving behind a spouse will not yield as high a settlement compared to a man who dies leaving behind a spouse and multiple minor children.
- Shared Fault: Pennsylvania is a comparative negligence state, which means your damages will be adjusted based on your percentage of fault in an accident. For example, if the deceased was 20% responsible for the wreck that led to their death, the damages would be adjusted by 20%.
If it is found that the deceased was more than 50% at fault, the family likely won’t recover any compensation under the law. Experienced car accident lawyers will guide you through the process to ensure that the fault is calculated correctly.
Keep in mind that if the deceased was at fault for the accident due to drowsy driving but was on the clock at work and forced to maintain unsafe work hours, the employer may be held accountable for the wreck. In these cases, it’s important to discuss all aspects with your attorney.
What if the At-Fault Driver was Uninsured?
If the driver responsible for the accident was uninsured, you may still have options for recovery. Pennsylvania drivers can carry uninsured motorist (UM) and underinsured motorist (UIM) coverage, which allows a claim to be filed directly against your own insurance policy, or a policy in your household, when the at-fault driver has no insurance or not enough to cover the full extent of your losses. This is often the most direct path to compensation in an uninsured-driver case, and your lawyer can review every policy that may apply — yours, your loved one’s, and any household policies — to identify all available coverage.
Beyond UM/UIM coverage, your lawyer can also look at other ways to pursue compensation, including the possibility of holding other parties accountable.
What is the Statute of Limitations on Fatal Car Accidents in Carbondale?
Like most personal injury cases, under the Pennsylvania statute of limitations for fatal car accidents and wrongful death claims, the family has two years from the date of the accident victim’s death to bring forth a claim.
The filing timeline allows little wiggle room, so you must consult a law firm immediately to ensure you get the guidance and support you need.
What Injuries Commonly Cause Death in Car Accidents in Carbondale?
Not all fatal car accidents result in immediate death. Sometimes, victims succumb to catastrophic injuries after receiving medical treatment. In 2024, there were 66,931 injuries caused by crashes on Pennsylvania roads, 4,713 of which were classified as serious in nature. Below are some of the most common injuries that lead to death.
Traumatic Brain Injuries (TBI)
According to the Centers for Disease Control and Prevention (CDC), traumatic brain injuries are one of the leading causes of death and disability in the United States.
A bump causes severe TBIs, hits, or jolts to the head, as well as an object penetrating the skull. For people who survive a severe TBI, the results are often lifelong pain and disability.
Data shows that 22% of people who suffered a severe TBI died within five years of the injury.
Spinal Cord Injuries
In many cases, a spinal cord injury may result in partial or total paralysis, as well as difficulty breathing. However, if the spinal cord is completely severed, it can lead to death. According to Spinal Cord Inc., over 33% of the 12,500 spinal cord injuries reported each year in the United States are caused by car accidents.
Internal Injuries
Unfortunately, car accident victims may not realize they’ve suffered a severe internal injury at the time of the car crash. However, in some cases, without treatment, these injuries can become fatal, even if the person seemed relatively fine before death.
Common internal injuries may include a broken bone piercing an organ, leading to internal bleeding, or the impact of the wreck, causing internal swelling and damage that leads to death.
What is critical to understand with all of these injuries is that if you can prove that the injury from the accident is what led to death, you can recover compensation for your losses, even if the accident happened more than two years ago. Wrongful death cases do not relate to the date of the accident unless that is also the date of death.
Carbondale personal injury attorneys with experience in fatal car accidents will provide you with a free consultation to determine if your claim falls under the scope of wrongful death.
A Carbondale Fatal Car Accident Lawyer From Munley Law Is Here For You
Not all car accident lawyers can handle the delicate nature of fatal car wrecks. These cases can be longer than traditional auto accidents because you must consider not only the standard factors of lost wages, medical bills, and pain and suffering, but also the long-term losses and needs of the family left behind.
At Munley Law, we combine our personal injury experience with compassion to meet your family where you are at this difficult time. We know the last thing on your mind is reviewing insurance negotiations in a conference room.
If the case goes to trial, you may be unable to sit before a judge and review every detail, but we can do that on your behalf.
Why Choose Munley Law for Your Fatal Car Accident Case?
If someone else’s negligence resulted in the death of your loved one, you have options for financial recovery. No amount of money will bring them back, but it can help you recover from the economic aspects of the collision.
With a track record in car accident litigation that has won clients millions of dollars in settlements and verdicts, we will use that experience to help you during this difficult time. No two accidents are the same, and we will create a customized strategy for you.
With nearly seven decades of experience, our lawyers are well-versed in the specifics of fatal car accident and wrongful death claims. Our attorneys are also recognized by leading legal directories and organizations. Robert Munley III, Caroline Munley, and Marion Munley are members of the Million Dollar Advocates Forum for their sizable settlements won. All of our partners hold Martindale-Hubbell AV Preeminent Ratings and are named to the National Trial Lawyers Association’s Top 100 Trial Lawyers in Pennsylvania, with J. Christopher Munley also named to the Top 25 Motor Vehicle Trial Lawyers list.
Eight of our lawyers are recognized by Super Lawyers, with Marion Munley consecutively named to the Top 10 Super Lawyers in Pennsylvania, Top 100 Super Lawyers in Pennsylvania, and Top 50 Women Pennsylvania Super Lawyers lists. All are also recognized by Best Lawyers, the Pennsylvania Bar Association, and the American Association for Justice, where Marion Munley is currently the acting Vice President.
Frequently Asked Questions About Fatal Car Accidents in Carbondale, Pennsylvania
How Many Fatal Car Accidents Happen in Pennsylvania Each Year?
According to the latest Pennsylvania Crash Facts and Stats report, there were 1,127 fatalities caused by motor vehicle accidents in PA in 2024, as well as 110,765 crashes in total. Around 1,000 deaths are caused by fatal car accidents in Pennsylvania annually.
How Many Fatal Car Crashes Take Place in Lackawanna County Every Year?
PennDOT’s latest report for 2024 recorded 16 fatal crashes and 20 deaths in Lackawanna County, out of a total of 2,259 accidents. This represents a small 1.5% share of Pennsylvania’s total fatal accident count that year.
Which Injuries Are the Leading Causes of Death in Car Accidents?
According to a 2022 study, blunt force trauma and head and neck injuries are the primary causes of death in car accident cases. Blunt chest trauma and spinal cord injuries are also considerable causes of fatality in these crashes.
What Damages Can I Seek After Losing a Loved One in a Fatal Car Accident in PA?
When you file a wrongful death claim, you can seek compensation for funeral expenses, medical bills, and the loss of your loved one’s income. You may also seek damages for the pain and suffering your loved one endured before passing, as well as for your own loss of consortium after their passing.
How Can a Carbondale, PA Fatal Car Accident Lawyer Help Me?
A Carbondale fatal car accident lawyer can investigate the crash and the liable parties involved, gather important evidence, and help you meet claim filing deadlines. Your lawyer will also communicate with insurance companies to ensure that the settlement offered is fair, and represent you in court if a comprehensive settlement can’t be reached.
Contact Munley Law’s Carbondale Fatal Car Accident Lawyers
If you lost a loved one in a car accident in Carbondale, Munley Law is ready to take on the negligent parties.
For a no-obligation, free consultation, contact Munley Law. For decades, we’ve represented Pennsylvania’s injured. Now, let us represent your family in your time of need.
Marion Munley
Marion Munley has been a practicing auto accident lawyer for nearly 40 years. During her career, she has helped clients across auto accident cases, winning multi-million dollar settlements for auto accident victims. Notable verdicts include a $17.5 million jury verdict for a teen death caused by a car accident, and a $1.9 million settlement for a family hit by a 16-year-old driver. Marion has also advocated for motor vehicle victims through speaking engagements such as “Pennsylvania Practice Program: Auto and Trucking Cases” and “Collision Investigation and Reconstruction in Motor Vehicle Cases”. Marion is also to become triple board-certified by the National Board of Trial Advocacy, alongside this, she is currently serving as Vice President of the American Association for Justice.
