Stroudsburg Wrongful Death Lawyer

A Stroudsburg wrongful death lawyer at Munley Law can get justice for your family member and provide financial security for your family with a wrongful death lawsuit. Losing a family member under any circumstances is one of the most difficult things we can experience in life. But to know that you’ve lost a loved one to a preventable accident caused by someone else’s negligence is almost unthinkable. Our attorneys may be unable to reverse the harm done, but we can help hold the ones at fault accountable.

Contact our Stroudsburg personal injury lawyers today to learn how we can help you through this difficult time. We offer free consultations at our Stroudsburg office or virtually for your convenience. And we do not charge a cent for our services unless we win your case, so you risk nothing by speaking with our Stroudsburg wrongful death attorney.

Definition of a Wrongful Death Lawsuit in Stroudsburg, PA

A wrongful death lawsuit is a civil lawsuit brought by the survivors or estate of a deceased person against the person or entity responsible for the deceased person’s death. A wrongful death lawsuit compensates the survivors of the deceased for the economic losses they experience as a result of their loved one’s death.

Every state has its own statute governing details like who can file a wrongful death lawsuit, what kinds of damages are available, how soon a wrongful death lawsuit must be filed, and more. Pennsylvania law defines wrongful death as a death caused by the neglect, negligence, wrongful act, or unlawful violence of another. This can include a fatal car wreck, a fatal head injury sustained in a slip and fall, or deadly complications from a faulty medical device. Most circumstances that can result in a personal injury lawsuit can also result in a wrongful death lawsuit if the injuries are fatal.

If you are unsure whether you have grounds for a wrongful death lawsuit, a Stroudsburg wrongful death lawyer at Munley Law can review your case for free and advise you how to proceed.

Who Can Sue for a Fatal Accident in Stroudsburg?

Each state has its own laws concerning who can legally pursue a wrongful death claim. In Pennsylvania, the representative of the decedent’s estate – also called the “executor” – must be the one to file a wrongful death lawsuit. However, if he/she does not do so within six months of the decedent’s death, any of the decedent’s beneficiaries may bring a claim on behalf of all of the beneficiaries. That person may be the spouse, child, or parent of the deceased. If the deceased person is not married and has neither children nor parents, other surviving family members and dependents may then be able to file a wrongful death lawsuit, though they typically cannot collect damages.

Determining who has the right to sue for wrongful death in Monroe County can be confusing. A Stroudsburg wrongful death lawyer at Munley Law can help sort it out in a timely manner so you don’t risk missing the deadline to file.

Multiple family members may not bring multiple wrongful death claims on behalf of the same person.

Compensation Available For a Wrongful Death Lawsuit in Stroudsburg

In Stroudsburg, the damages of the personal injury lawsuit are based on the financial losses and the pain and suffering experienced by the injured victim. Wrongful death cases are different. In a wrongful death lawsuit, damages are based on the losses suffered by the decedent’s surviving family members.

Damages in a wrongful death lawsuit can include:

• Funeral and burial expenses
• Medical bills
• Value of household services
• Lost wages and benefits
• Loss of companionship
• Loss of emotional support and counsel

In some rare cases, punitive damages may also be awarded if death was caused by gross negligence or intentional acts.

Wrongful death settlements are distributed among beneficiaries (spouse, children, parents) once all liens have been satisfied. The settlement will be divided proportionately to each beneficiary’s claim to the deceased’s estate and by Pennsylvania’s intestate laws. If minor children are to receive compensation, their funds will be held by the court in guardianship until they reach the age of 18.

Proving economic and non-economic damages in a wrongful death suit can be challenging. This is why it is extremely important to have an experienced Stroudsburg injury lawyer on your side. The wrongful death attorneys at Munley Law work with medical and economic experts to calculate the full extent of your damages and ensure that you receive full and fair compensation.

What is the Deadline to File a Stroudsburg Wrongful Death Lawsuit?

In Pennsylvania, a wrongful death lawsuit must be filed within two years from the date of the decedent’s death. If the case is not filed within that time period, the courts will likely refuse to hear it. However, if you believe your family member’s death was caused by negligence, it is best to contact a lawyer as soon as possible. The process of investigating a claim, consulting with experts, calculating a demand for damages, and preparing a lawsuit is time-intensive. The sooner we can get to work, the better.

Frequently Asked Questions About Wrongful Death Claims in Stroudsburg

What Are the Most Common Causes of Wrongful Death?

Virtually any type of serious accident or injury can result in a wrongful death. Common causes of wrongful death include car and truck accidents, fatal medical errors, deadly surgical mistakes, dangerous drugs or consumer products, property hazards, and acts of violence.

Why Should I Hire a Wrongful Death Attorney in Stroudsburg?

Pennsylvania’s wrongful death laws can be complex. Moreover, people who attempt to settle with the negligent party without a lawyer to file a wrongful death lawsuit risk getting taken advantage of by insurance companies. You could get an insufficient settlement or nothing at all.

An experienced, compassionate wrongful death lawyer at Munley Law can guide you through each step of the legal process and ensure you fully understand your rights each step of the way. We can help you obtain any necessary court orders to file your claim and make sure that every phase of the process is completed accurately and in a timely manner. We work with the best experts to calculate the full extent of your damages and pursue the maximum level of justice for your loved one.

Furthermore, we don’t charge for our services unless we win your case, so there’s no risk in contacting a wrongful death lawyer. We will invest all of the time and money it takes to build your case, and if we are unsuccessful, you owe us nothing.

The aftermath of a loved one’s death is mentally and emotionally draining. Allowing a professional to handle the legal aspects of this tragedy can help to ease your burden and place less stress on your family. We have been in your position, and we are here to help.

What is a Survival Action?

A survival action is another type of lawsuit brought by the estate of a deceased person against the negligent party responsible for their death. While a wrongful death lawsuit seeks to compensate the surviving family members of the deceased, a survival action seeks compensation on behalf of the deceased for the suffering and loss they experienced. Damages in a survival action may include pain and suffering, medical expenses, lost wages, and other related losses.

Schedule a Free Consultation With a Stroudsburg Wrongful Death Lawyer

When you most need help, Munley Law is the team you can count on to put your needs first and fight for your family. We are a family of lawyers with decades of experience representing the people of Stroudsburg and beyond. Our Stroudsburg attorneys have been consistently recognized as the nation’s leading personal injury lawyers; we have been named to Best Lawyers in America, Pennsylvania Super Lawyers, and Best Law Firms. We are board-certified by the National Board of Trial Advocacy.

If you lost a loved one in an accident and are not sure what your next steps should be, let us help. Contact our Stroudsburg wrongful death lawyers today to schedule a free consultation.

Munley Law Personal Injury Attorneys

27 N 6th St,
Stroudsburg, PA 18360
(570) 338-4494