At Munley Law, our Scranton wrongful death lawyers understand that no legal action can bring back your loved one or erase your pain. What we can do is help ensure that those responsible are held accountable and that your family has the financial security your loved one would have wanted for you.
While you focus on caring for your family and processing your grief, we handle the complex legal work that wrongful death cases require. With all of our partners ranked as some of the NTLA’s Top 100 Trial Lawyers in Pennsylvania, we are ready to bring your loved one’s death to justice, no matter the cause. Our Scranton injury lawyers have won millions in wrongful death cases to date, including verdicts worth $17.5 million, $3.97 million, and $3.9 million.
If you’re questioning whether your loved one’s death might have been preventable or if you’re unsure about your legal rights, Munley Law is here to answer all your questions. We offer free consultations so you can understand your options without additional financial pressure during an already difficult time.
Call Us At 844-686-5397 What Qualifies as a Wrongful Death Case?
Under Pennsylvania law, a wrongful death occurs when someone dies as a result of another person or organization’s negligent, reckless, or intentional actions. The key distinction is that the death was preventable — it happened because someone failed to act with reasonable care or deliberately caused harm.
Not every death qualifies as a wrongful death case. Accidents that occur despite everyone acting responsibly, or deaths from natural causes, typically don’t meet the legal criteria. However, if your loved one’s death resulted from someone else’s failure to follow safety rules, medical standards, or basic care requirements, you may have a valid claim.
Pennsylvania’s Wrongful Death Act governs these cases and allows eligible family members to seek compensation for both the financial losses and the emotional impact of their loved one’s death. The law recognizes that when someone dies due to another’s negligence, the surviving family shouldn’t bear the financial consequences alone.
Common situations that qualify as wrongful death cases include:
- Deadly car accidents caused by distracted or impaired driving. There were 1,127 fatal motor vehicle accidents on Pennsylvania roads in 2024, with distracted driving cited as a leading cause of these tragic crashes, and drunk driving causing 244 of the reported deaths.
- Fatal truck crashes resulting from driver fatigue or company safety violations. The Pennsylvania Crash Facts and Statistics Report documented 147 heavy truck accident-related deaths in 2024.
- Workplace deaths due to inadequate safety measures. The state government’s Workers’ Compensation Report shares that in 2024, 75 local workers unfortunately lost their lives in workplace accidents such as falls, struck-by incidents, and crush injuries.
- Medical errors that lead to patient death. Pennsylvania healthcare facilities filed 315,418 incident reports in 2024 alone, while the Joint Commission reported 1,575 sentinel events nationally (events causing serious, permanent patient harm or death) that year, with falls, wrong surgeries, and treatment delays cited as the most common medical failures.
- Deaths caused by defective products or dangerous premises conditions. According to NSC Injury Facts, more than 15 million Americans received emergency treatment for injuries caused by unsafe or defective consumer products in 2024, a portion of which unfortunately proved to be fatal.
The circumstances surrounding your loved one’s death may be complex, and determining whether negligence occurred often requires a thorough investigation. Insurance companies and responsible parties may try to minimize their role or shift blame, so having experienced legal representation is essential.
If you’re questioning whether your situation might qualify as a wrongful death case, that’s often a sign that it’s worth exploring legally. These determinations can be complicated, and what might seem unclear to you could be clearer to someone familiar with Pennsylvania wrongful death law. Contact our Scranton office immediately to speak with an experienced personal injury attorney.
What Are My First Steps After a Wrongful Death Occurs in Scranton, PA?
In the immediate aftermath of losing a loved one, you’re dealing with funeral arrangements, family notifications, and overwhelming grief. The last thing you want to consider is legal matters, but taking a few protective steps early can prove helpful for any potential wrongful death claim in the future.
Don’t speak with the insurance company. The first thing to keep in mind is protecting yourself from insurance companies. You may receive calls from insurance adjusters within a few days of the accident, offering quick settlements or asking for recorded statements. Don’t sign anything or agree to any settlements without legal advice, no matter how reasonable they sound. Insurance companies often approach families when they’re most vulnerable, hoping to settle for far less than the claim is worth.
Preserve important evidence. Keep all medical records, bills, and documentation related to your loved one’s death. If the death was due to an accident, try to get photos of the scene or contact information for any witnesses. Don’t throw away damaged personal items, vehicles, or products that might be relevant to the case.
Document your losses. Save all receipts related to medical expenses, funeral costs, and other expenses you’ve incurred. Keep records of any income your loved one was earning, which will be necessary for calculating future financial losses.
Focus on your family’s immediate needs. Your primary concern should be caring for yourself and your family during this difficult time. Legal matters can feel overwhelming, but an experienced wrongful death attorney in Scranton can handle the complex legal work while you focus on grieving and healing.
Contact Munley Law as soon as you’re able. While you don’t need to call immediately, don’t wait too long. Evidence can disappear, witnesses’ memories can fade, and Pennsylvania’s two-year statute of limitations means a strict deadline for filing a claim.
Call us when you’re ready. We’ll handle the legal complexities so you can focus on what matters most.
Is there a Statute of Limitations on a Wrongful Death Lawsuit?
Yes, Pennsylvania law requires that wrongful death lawsuits be filed within two years of the date of death. This deadline is firm and applies regardless of when you discovered that negligence may have caused your loved one’s death. Missing this deadline typically means losing your right to pursue compensation permanently.
The two-year statute of limitations exists for several practical reasons. Evidence becomes harder to preserve over time, witnesses’ memories fade, and defendants have a right to know they won’t face legal action indefinitely. While this deadline might seem harsh when you’re grieving, it ensures that cases are pursued while evidence remains fresh and reliable.
The clock starts ticking on the date of death, not when you realize someone might be at fault. This is important because sometimes the full circumstances surrounding a death aren’t immediately apparent. For example, if your loved one died in a hospital and you later discovered that medical errors contributed to their death, you still only have two years from the original date of death to file a lawsuit.
Even if you’re unsure whether to pursue a claim, consulting with an attorney sooner rather than later is better. Once we file the necessary paperwork to protect your rights, you’ll have time to decide how to proceed without the pressure of an approaching deadline.
Who Can Bring a Wrongful Death Claim in Scranton?
Under Pennsylvania law, not everyone can file a wrongful death lawsuit, even if they were close to the deceased. The state has specific rules governing who has the legal right to pursue these claims, and understanding them is essential for Scranton families navigating this complex process.
The personal representative of the deceased person’s estate must file the wrongful death lawsuit. This is usually the surviving partner, or if there’s no significant other, an adult child or parent. The personal representative files the claim on behalf of all eligible family members who suffered losses due to the death.
Pennsylvania law recognizes several categories of people who can benefit from a wrongful death claim. The primary beneficiaries are the surviving spouse and children. If there are no spouse or children, parents can be beneficiaries. In some cases, other dependents who relied on the deceased for financial support may also be eligible.
When multiple family members are involved, coordination is essential. We often work with Scranton families where adult siblings, surviving spouses, and parents want to be involved in decision-making. Pennsylvania law requires one person to serve as the personal representative, but that doesn’t mean other family members are excluded from the process or compensation.
The personal representative has a legal duty to pursue the claim in the best interests of all eligible beneficiaries. This can sometimes create family tensions, mainly when disagreements arise about whether to settle or go to trial, or how to distribute any compensation received.
Stepparents, grandparents, and extended family members may have rights in certain situations, particularly if they were financially dependent on the deceased or were the closest surviving relatives.
If your family is unsure about who should serve as a personal representative or if multiple people believe they have a claim, we can help sort through Pennsylvania’s priority rules and find a solution that works for everyone involved.
How Can a Scranton Wrongful Death Attorney Help You?
Understanding the legal process can help reduce anxiety during an already difficult time. While every wrongful death case is unique, most follow a similar path from initial consultation through resolution.
When you first contact us, we’ll discuss what happened, review any documentation you have, and determine whether you have a viable wrongful death claim. This consultation is free and confidential, with no obligation to move forward.
If you hire our Scranton wrongful death attorneys, our team will investigate your case and identify all responsible parties. We’ll gather evidence, interview witnesses, consult with experts, and work with accident reconstruction specialists when necessary. In Scranton cases, this often involves working with local police reports, hospital records, and workplace safety inspections.
Once we’ve gathered sufficient evidence, we’ll file the wrongful death lawsuit in the appropriate Pennsylvania court. This formally starts the legal process and ensures we meet all statutory deadlines.
Both sides exchange information through depositions, document requests, and interrogatories. This is where we build the strongest possible case by uncovering all facts related to your loved one’s death. You may be asked to provide a deposition, but we’ll prepare you thoroughly for this process. We’ll negotiate aggressively with insurance companies and defendants to secure fair compensation for your family. Our experience with Scranton courts and local insurance practices gives us leverage in these negotiations.
We’re prepared to take your case to trial if we can’t reach a fair settlement. We’ll present your case to a jury and fight for the compensation your family deserves.
Throughout this process, your role is minimal. We handle the complex legal work while you focus on grieving and caring for your family. We’ll keep you informed at every step and consult with you on major decisions, but the day-to-day legal work is our responsibility.
How Is Wrongful Death Compensation Calculated?
When someone dies because of another party’s negligence, Pennsylvania law gives your family two separate legal claims, and each one recovers a different category of loss.
The wrongful death claim (42 Pa.C.S. §8301) belongs to the surviving spouse, children, or parents. It compensates them for what they personally lost — the financial support your loved one would have provided, the value of services they performed for the household, the loss of their guidance and companionship, and the cost of the funeral and burial.
The survival action (42 Pa.C.S.§8302) belongs to your loved one’s estate. It recovers what your loved one could have claimed had they survived — medical and hospital bills from the final injury, lost income between the injury and death, and compensation for the pain and suffering they experienced before dying.
In practice, most fatal-accident cases in Scranton involve pursuing both claims side by side, and the total recovery often draws from each. Our attorneys handle the filing and valuation of both, so your family doesn’t have to sort out which loss belongs to which claim.
Why Choose Munley Law as Your Scranton Wrongful Death Attorneys?
We understand that discussing money during your grief can feel uncomfortable or inappropriate. However, securing fair compensation is one of the most important ways to honor your loved one’s memory and ensure their family is cared for as they would have wanted.
Recognized by leading national and international legal directories, our firm and lawyers are certified across numerous areas of personal injury law and have won numerous multi-million dollar settlements in wrongful death cases to date. The scope of our expertise allows us to build and represent wrongful death cases of any cause, helping you to seek justice after losing a loved one in a car or truck accident, or due to an unsafe product or an unforeseen medical error.
All of our partners have been awarded AV Preeminent Ratings for their exceptional achievements and are listed on the Lawdragon 500 Leading Plaintiff Consumer Lawyers list. The National Trial Lawyers Association recognizes Marion and Daniel Munley as some of the state’s Top 10 Trucking Trial Lawyers; Caroline Munley as a Top 25 Medical Malpractice Trial Lawyer; and J. Christopher Munley as one of the Top 25 Motor Vehicle Trial Lawyers, showcasing our acumen across various areas of personal injury law.
Many of our legal specialists have been featured as Super Lawyers, with Marion Munley ranked as one of the Top 10 Super Lawyers in Pennsylvania, Top 100 Super Lawyers in Pennsylvania, and Top 50 Women Pennsylvania Super Lawyers. Best Lawyers has honored all of our lawyers as well, with Marion Munley achieving status as a leader across three key litigation specialties, Daniel Munley named Lawyer of the Year for Product Liability Litigation, and our firm selected as one of America’s Best Law Firms.
Both Marion and Daniel Munley are board-certified through the Academy of Trucking Accident Attorneys to handle complex truck accident death cases, and we are the only Pennsylvania firm to have three lawyers board-certified in Truck Accident Law by the National Board of Trial Advocacy. Another four of our attorneys are also certified in Civil Trial Law and Civil Practice Advocacy, possessing the skills and dedication to win wrongful death cases in Lackawanna County courts.
Frequently Asked Questions About Wrongful Deaths in Scranton, PA
Who Can Claim Wrongful Death Compensation in Pennsylvania?
The personal representative of the estate must file a wrongful death claim on behalf of certain eligible beneficiaries in Pennsylvania. Usually, the deceased’s surviving spouse and children will receive compensation in these cases.
If the deceased did not have a partner or dependents, their parents may claim benefits instead, and other financially dependent relatives might qualify in certain cases as well. A Scranton wrongful death lawyer can help you determine whether or not you are eligible to receive compensation after your loved one’s wrongful death.
How Long Do I Have to File a Wrongful Death Claim in Scranton?
You have two years from the date of your loved one’s death to file a wrongful death lawsuit in Scranton. It’s essential to file within this deadline so that you and your family remain eligible for compensation. Limited exceptions may apply to this statute of limitations, so it’s important to speak with a Munley Law attorney as soon as possible to file within the applicable deadlines and secure a favorable outcome.
Is It Necessary to Hire a Lawyer for My Wrongful Death Claim?
Wrongful death cases are often complex, and this complexity is compounded by insurance companies’ tactics to minimize your payouts. An experienced wrongful death attorney can investigate your family member’s cause of death, collect solid evidence, consult with specialists, and expertly handle negotiations with insurers on your behalf to ease the burden on you and your family during this difficult time.
Studies also consistently show that claimants who hire lawyers are more likely to receive compensation, and that compensation may be greater than the settlements received by claimants who choose to represent their cases independently.
What Damages Can I Recover in My Wrongful Death Case?
You can recover two categories of damages, and they run through two different claims: a wrongful death claim for what your family lost (support, services, companionship, funeral costs) and a survival action for what your loved one could have claimed (medical bills, lost income, pre-death pain and suffering).
Our Scranton Wrongful Death Lawyer is Here For You
If your loved one died because of the negligent or reckless actions of another, you need to call a wrongful death attorney now.
Munley Law has the knowledge and resources to thoroughly investigate, identify the responsible party, and build a winning case. While we understand no amount of money will ever make up for your loss, we can help ease your family’s financial burden.
Time is of the essence. Due to the statute of limitations in Scranton, Pennsylvania, a wrongful death lawsuit must be filed within two years of the victim’s death. Contact Munley Law today to schedule a free consultation.
Marion Munley
Marion Munley is a highly compassionate and driven wrongful death lawyer. Knowledgeable in various fields of personal injury law, Marion has extensive experience pursuing wrongful death claims of all kinds. Marion has delivered multi-million-dollar verdicts and settlements in cases involving wrongful death, including a $17.5 Million Jury verdict in a teen’s death caused by a car accident and a $1.4 million settlement in an ER wrongful death case. Marion is also highly accredited, being one of the very few to become Triple Board Certified by the National Board of Trial Advocacy and a Lawdragon 2026 Hall of Fame Inductee.
Reviewed by Bernadine Munley, Esq., Personal Injury Attorney at Munley Law, on July 22, 2026.
