A Wilkes-Barre wrongful death lawyer at Munley Law Personal Injury Attorneys can help you get justice for your loved one.
We know that nothing can replace losing a loved one, but fair compensation can help ease your financial burdens and give you some peace of mind. If someone you love died as a result of someone else’s negligence, you may have a wrongful death claim.
$32 Million Wrongful Death
$26 Million Truck Accident
$17.5 Million Car Accident
$12 Million Product Liability
$9 Million Truck Accident
$8 Million Truck Accident
$8 Million Truck Accident
$7.5 Million Auto Accident
$6.9 Million Garbage Truck Accident
$6.5 Million Traumatic Brain Injury
$5 Million Medical Malpractice
$5 Million Bus Accidents
In a wrongful death case, your choice of attorney matters. Since 1959, families in Luzerne County and all over Pennsylvania have trusted Munley Law Personal Injury Attorneys to obtain the justice they deserve. Our personal injury attorneys have earned national recognition for our client service and our significant settlements and verdicts.
Each of our partners has a minimum of 10-20 years of experience handling tough cases for families like yours. We have consistently ranked among the Best Lawyers in America, Pennsylvania Super Lawyers, and the Multi-Million Dollar Advocates Forum. We have earned preeminent ratings from Martindale-Hubbell, the highest possible client and peer review rating in the industry.
We do not get paid unless we win your case. Contact us today for a free, confidential consultation with a Wilkes-Barre wrongful death lawyer.
What is a Wrongful Death Claim?
What we may call an “accident” is often a preventable, negligent act that results in serious harm to another person. Even if the act (or failure to act) was unintentional, the negligent person should still be held accountable for the harm they caused by failing to take proper and reasonable care. If negligence results in the death of your loved one, you may have grounds for a wrongful death claim.
A wrongful death claim is a lawsuit that is filed by the family members of a personal injury victim. For example, if a wife’s husband dies in a trucking accident and that crash was the result of the truck driver being under the influence of alcohol, the wife can file a wrongful death lawsuit to recoup the expenses created by the accident. This includes:
- Medical costs
- Funeral and burial costs
- Lost wages
- Loss of future income and benefits
- Care of a child
- Pain and suffering
- Mental anguish
- Loss of companionship
In cases of gross negligence or recklessness, punitive damages may be awarded. Punitive damages are a form of punishment to the defendant to discourage others from similar behaviors that may cause fatal injuries.
Who Can File a Wrongful Death Suit in Wilkes-Barre?
According to Pennsylvania law, a wrongful death lawsuit can be filed by a personal representative of the accident victim’s estate. The personal representative will file the suit on behalf of the beneficiaries, which include:
- The victim’s spouse
- The children of the accident victim
- The parents of the deceased
The representative is usually the person who is named in the victim’s will; however, if the victim does not have a will, it is usually their spouse who can bring the personal injury suit. If the accident victim was not married, then it can be another family member such as the victim’s child, parents, or siblings.
If the accident victim does not have any surviving family members, the court may appoint a personal representative.
If you are unsure whether you are able to bring a wrongful death claim for a loved one, contact a Wilkes-Barre lawyer at Munley Law Personal Injury Attorneys for specific advice about your unique wrongful death case.
How Do You Prove Negligence in a Wilkes-Barre Wrongful Death Case?
A successful wrongful death case must prove four key elements of negligence:
- An individual or company had a duty of reasonable care to the deceased.
- The individual or company breached that duty of care.
- Their negligence or actions were a direct cause of death.
- Damages resulted from their actions.
What Are the Common Causes of Wrongful Death?
Our experienced and compassionate wrongful death attorneys have decades of experience handling a variety of complex personal injury cases.
Fatal Motor Vehicle Accidents in Wilkes-Barre
Motor vehicle accidents are a major cause of injuries and death in Pennsylvania. Wilkes-Barre has many high traffic highways nearby, including Route 80, Route 81, Route 476, PA 309 and PA 115. When a car or truck accident caused by negligence, such as speeding, distraction, or other reckless behavior results in the death of your family member, you have the right to seek justice.
Wilkes-Barre Medical Malpractice Deaths
Medical errors are the third leading cause of death in the United States. When medical malpractice or another form of healthcare negligence in Wilkes-Barre results in death, you may have a wrongful death suit. Responsible parties may include a Wilkes-Barre hospital, surgical center, doctor, nurse, anesthesiologist, nursing home, or another healthcare provider. We can help you hold the responsible parties accountable for their negligent actions. Our medical malpractice lawyers have tried hundreds of cases and helped families move forward through the grieving process and get the compensation they deserve.
Product Liability Deaths
If the death of a loved one was caused by a defective product due to faulty design, a manufacturing error or inadequate warning, you need to contact a Munley Law Personal Injury Attorneys wrongful death lawyer today. Manufacturers have a responsibility to adequately warn consumers regarding the safe use of the product. This includes drug manufacturers. If they fail to do so, they may be liable for injuries or death.
OSHA sets strict standards for employers to keep their employees safe at work. When these standards are not followed or shortcuts are taken with safety, the results can be tragic. Although a workplace fatality can occur in a number of industries there are some professions that are more dangerous than others. These include construction, electrical, farming, manufacturing, medical and transportation. If unsafe conditions or the negligence of another in the workplace or on a construction site led to the death of your loved one in Wilkes-Barre, you need to speak to an experienced wrongful death attorney to discuss your options.
Premises Liability Deaths
Property owners have an obligation to keep a property safe and free of hazards for visitors. When a property owner fails to keep a property safe or fails to warn about possible hazards, a serious injury or fatality can occur. Poor maintenance, such as loose or poorly maintained floor coverings, trash, and clutter blocking walkways, the failure to remove snow or ice, poor lighting, or the failure to fix potholes or other slip and fall hazards can lead to bad fall that may result in death. Faulty electrical work, lack of adequate security and lack of adequate fire protection are other potential hazards that can prove fatal at a poorly maintained Wilkes-Barre property.
Frequently Asked Questions About Wrongful Death Claims
How Long Do I Have to File a Wrongful Death Suit?
Due to the statute of limitations for filing a wrongful death lawsuit in Pennsylvania, you need to act quickly. In Pennsylvania, a wrongful death claim must be filed within two years of the date of death. If you do not act during the limited time frame, you may lose the opportunity to pursue compensation. The experienced wrongful death attorneys at Munley Law Personal Injury Attorneys have the knowledge and resources necessary to plan your best course of legal action and win you the compensation you deserve for the loss of your loved one. The sooner you contact us, the sooner we can get to work on your behalf.
What Compensation is Given in Wrongful Death Cases?
Whether your loved one was killed in a car accident, unlawful violence, or as a victim of another accident by a negligent party, you may be able to recover compensation for your loved one’s death for the following:
- Burial expenses
- Medical bills
- Loss income
- Non-economic damages like loss of consortium, companionship, and pain and suffering
In the case of a particularly heinous offense, you may be able to hold the liable party accountable with punitive damages.
How Much Compensation is a Wrongful Death Case Worth?
No lawyer can tell you how much your wrongful death claim is worth. Most wrongful death lawyers will look at your case holistically and try to determine what the value of your case may be worth, then enter into negotiations.
However, the responsible party will also have a team of lawyers at the ready to try to diminish as much of their involvement in the death as possible, hurting the overall value of your claim.
Further, if you wait too long after the death to file a claim, it can reduce the amount of evidence available, further ticking away at the overall settlement or verdict.
How Can Munley Law Personal Injury Attorneys Help Me and My Family?
We know that during this difficult time, it can be hard to know who you can count on to fight on behalf of your deceased family member. The Pa wrongful death lawyers at Munley Law Personal Injury Attorneys know that when a death caused by reckless behavior occurs, there needs to be guidance on how to handle these legal issues.
At Munley Law Personal Injury Attorneys, we have received the highest peer recognition, as well as have been given high rating service by our past clients, making it some of our most coveted professional achievements. Further, we serve clients throughout Luzerne County who need representation from outstanding lawyers.
When you have lost a family member from a personal injury accident such as a car accident, or another preventable event, you need a law firm with experience and compassion.
No fee unless we win
At Munley Law Personal Injury Attorneys, we understand the emotional and financial distress you face after losing a loved one. We believe you deserve justice, and cost shouldn’t stand in the way of that. That’s why we only collect a fee – a percentage of the settlement or verdict – if we win your case. You don’t pay anything upfront or out of pocket; if we cannot get you the justice you deserve, you pay nothing. And, our fee will never exceed the amount paid to you.
Call a Wilkes-Barre Wrongful Death Lawyer at Munley Law Personal Injury Attorneys Loday
The aftermath of a terrible loss can be overwhelming. We know the heartache and pain you are experiencing. We are dedicated to the compassionate representation of families who have suffered devastating losses due to wrongful death. Let us handle the paperwork, phone calls, and legal battle so that you can recover from your loss in peace.
Our consultations are always free and completely confidential, and there is no obligation to sign anything. Chat live, fill out our contact form, or call to learn more about how a Wilkes-Barre wrongful death lawyer can help.
Wrongful death is a legal issue you do not want to tackle alone. Contact any of our staff at our listed office location to begin your free consultation.