A Stroudsburg wrongful death lawyer helps families pursue justice and financial security after the loss of a loved one caused by negligence. Munley Law’s Stroudsburg attorneys understand that no legal action can undo your loss, but holding the responsible party accountable can provide stability and a path forward during an incredibly difficult time.
Since 1959, Munley Law has represented injury victims and families across Pennsylvania, earning national recognition from Super Lawyers, Best Lawyers in America, and the National Trial Lawyers Association. As a family-run firm with a record of multi-million-dollar verdicts and settlements, we bring both compassion and proven results to every case we handle.
When a preventable death occurs, families are often left with overwhelming financial and emotional burdens. If you hire us for a wrongful death claim, we’ll investigate the cause, identify liable parties, and build a strong case supported by medical and financial experts.
From your first consultation through resolution, the Stroudsburg wrongful death lawyers at Munley Law will guide you through every stage of the legal process and fight for the full compensation your family deserves.
Call Us At 844-686-5397 What Is a Wrongful Death Lawsuit in Stroudsburg, Pennsylvania?
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 on how to proceed.
Who Can File a Wrongful Death Claim in Stroudsburg, PA?
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, even if they are not beneficiaries . It should be noted that multiple family members may not bring multiple wrongful death claims on behalf of the same person.
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.
What Compensation Can You Recover in a Stroudsburg Wrongful Death Case?
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
- 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 either the deceased’s will or 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 attorney 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.
What Are the Leading Causes of Wrongful Death Cases in Stroudsburg?
Virtually any type of serious accident or injury can result in a wrongful death. Common causes of wrongful death include:
- Car accidents
- Truck accidents on Route 80
- Fatal medical errors
- Deadly surgical mistakes
- Dangerous drugs or consumer products
- Property hazards
- Acts of violence
Why Do You Need a Stroudsburg Wrongful Death Lawyer?
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 at every turn. 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 at Munley Law. 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 reduce stress on your family. We have helped families in similar positions to yours, and we are here to help.
What Is a Survival Action in Pennsylvania?
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.
Why Hire The Stroudsburg Wrongful Death Lawyers at Munley Law?
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. All five of our partners are recognized by Lawdragon and have AV Preeminent ratings from Martindale-Hubbell. Marion Munley is listed as a Lawdragon 500 Leading Lawyer in America, and Daniel Munley is recognized by Lawyers of Distinction.
Our attorneys also specialize in civil trial law and advocacy; Marion Munley, Daniel Munley, J. Christopher Munley, and John Mulcahey all hold certifications from the National Board of Trial Advocacy.
Some of our top wrongful death recoveries include:
- $3.97 million settlement for the family of a man killed in a tractor-trailer crash
- $3.9 million award for wrongful death
- $2.8 million settlement for a truck accident death case
- $2.74 million award for wrongful death
- $2 million settlement for the family of a woman killed in a pedestrian accident
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.
Frequently Asked Questions About Wrongful Death Claims in Stroudsburg
How Is Wrongful Death Different from Criminal Charges?
A wrongful death claim is a civil case focused on compensation for surviving family members, while criminal charges are brought by the state to punish wrongdoing. Even if no criminal case is filed, a wrongful death lawsuit may still succeed. The burden of proof is also lower in civil cases, which allows families to pursue justice independently.
What Evidence Is Needed to Prove Wrongful Death?
Strong claims rely on medical records, accident reports, expert testimony, and financial documentation. Evidence must show that negligence directly caused the death. Attorneys often work with specialists in accident reconstruction or medicine. The stronger the evidence, the better the chance of full compensation.
Are Wrongful Death Settlements Taxable?
In most cases, compensation for wrongful death – such as medical costs or lost income – is not taxable under federal law. However, punitive damages or certain interest payments may be subject to tax. Each case is unique, so it’s important to review settlement details carefully. Financial guidance may also be beneficial.
Can Adopted Children or Stepchildren Receive Compensation?
Yes, in many cases, adopted children have the same legal rights as biological children. Stepchildren may qualify if they were financially dependent on the deceased. Eligibility is determined by Pennsylvania inheritance laws, and legal guidance ensures that all rightful beneficiaries are included.
What If the Responsible Party Does Not Have Insurance?
You may still have options, including pursuing personal assets or filing claims through other applicable insurance policies. In some cases, third parties may also share liability. Identifying all possible sources of compensation is critical, and an attorney can uncover avenues you might not be aware of.
What Happens If the Deceased Was Partially at Fault?
Pennsylvania follows a modified comparative negligence rule. This means that compensation may be reduced if the deceased was partially responsible for the accident. However, recovery is still possible if they were less than 51% at fault. A Stroudsburg wrongful death lawyer at Munley Law can help assess how fault may impact your claim.
Schedule a Free Consultation With a Stroudsburg Wrongful Death Lawyer
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.
