Wrongful Death After a Luzerne County Car Accident: What PA Families Are Entitled to Recover

When a car accident in Luzerne County kills a family member, the loss reaches far beyond grief. Bills stop getting paid. Income disappears. Children lose a parent. A spouse loses a partner. Pennsylvania law exists precisely for this situation, to hold the negligent party financially accountable and to compensate the people left behind.

The wrongful death attorneys at Munley Law in Wilkes-Barre have represented families across Luzerne County after fatal car accidents. Our firm has secured millions for injured victims and their families.

If someone you love was killed in a crash caused by another driver’s negligence, Pennsylvania law gives you two separate legal claims to pursue: a wrongful death action and a survival action. Understanding each one and what they allow your family to recover is the first step toward protecting your rights.

Fatal Car Accidents in Luzerne County

Luzerne County roads carry a disproportionate number of serious crashes relative to the county’s size. According to PennDOT, there were 3,224 traffic accidents in Luzerne County in 2024, resulting in 1,404 injuries. Despite having a population of roughly 326,000 people, Luzerne County has historically ranked among Pennsylvania’s top counties for traffic fatalities, with fatal crash rates exceeding those of several larger neighboring counties.

Dangerous corridors include the North Cross Valley Expressway (Route 309) near the I-81 interchange, where complex merging and high speeds have contributed to severe crashes. River Street in Wilkes-Barre also sees a consistently high number of collisions.

Pennsylvania’s Wrongful Death Act

A wrongful death action can be brought when someone’s death was caused by the negligent, reckless, or unlawful conduct of another person. The claim must be filed within two years of the date of death.

Pennsylvania limits who qualifies as a beneficiary. Those who can recover include the deceased’s:

• Spouse
• Children
• Parents

Others are excluded regardless of how financially dependent they were on the deceased. Those who are excluded include:

• Siblings
• Grandparents
• Long-term unmarried partners

If none of these qualifying relatives exist, the personal representative of the estate may still bring a more limited claim for hospital, nursing, medical, funeral, and administrative expenses.

What Families Can Recover in a Luzerne County Wrongful Death Claim

A wrongful death claim compensates the surviving family members, not the estate, for the losses they have personally suffered because of the death. Recoverable damages include:

• Medical expenses the deceased incurred from the accident through the time of death
• Funeral and burial expenses
• Loss of financial contributions the deceased would have made to the household over their lifetime
• Loss of services the deceased provided to the family, including childcare, household tasks, and domestic support
• Loss of society, comfort, and companionship

Pennsylvania courts have interpreted “services” broadly. Recent decisions recognize that the loss extends beyond the dollar cost of replacing labor. Courts have acknowledged the profound emotional and psychological harm suffered when a parent, spouse, or partner is gone. This harm factors into the damages calculation.

Wrongful death settlements paid directly to beneficiaries are not treated as part of the estate and are exempt from claims by the deceased’s creditors.

What Is a Survival Action in Pennsylvania?

A survival action is a separate and distinct legal claim from a wrongful death action. The personal representative of the deceased’s estate steps into the shoes of the person who died and asserts the claims that person could have brought had they survived the crash.

Where the wrongful death action compensates the family for their losses, the survival action compensates the estate for the losses the deceased personally suffered. These claims do not overlap, and Pennsylvania law prohibits duplicate recovery across the two actions.

Recoverable damages in a survival action typically include:

• Pre-death pain and suffering the deceased experienced between the crash and death
• Medical expenses incurred before death
• Lost wages and future earning capacity the deceased would have earned had they lived

Unlike wrongful death recoveries, survival action proceeds flow through the estate and are distributed according to the deceased’s will, or under Pennsylvania’s intestacy statute if there was no will.

A survival action must generally be filed within two years of the date of injury, which may be a different date than the death, particularly if the deceased survived for some period after the crash before passing away.

Filing a Wrongful Death and Survival Action in Pennsylvania

Pennsylvania families are typically entitled to file both a wrongful death claim and a survival action at the same time. When filed together, these claims provide the most complete picture of damages, covering what the family lost and what the deceased suffered before dying.

A wrongful death claim is filed on behalf of the eligible beneficiaries, while the personal representative of the estate is typically responsible for bringing a survival action. To avoid duplication, a personal injury lawsuit filed by a family member before the death can be combined with the wrongful death action.

Who Caused the Fatal Crash? Identifying Liable Parties

Pennsylvania wrongful death claims follow the same liability analysis as any personal injury case. A negligent driver bears responsibility for the deaths they cause. But depending on how the crash happened, other parties may share liability:

• Another driver’s negligence is the most common source of liability in fatal car accidents. Speeding, distracted driving, drunk driving, and running red lights are all forms of negligence that can support a wrongful death claim.
• A vehicle manufacturer or maintenance provider may bear liability when a defect (faulty brakes, a tire failure, or a steering malfunction) contributed to the crash.
• A government entity may be responsible when a dangerous road condition, missing signage, or defective traffic signal contributed to the death, though claims against government defendants carry specific procedural requirements and shorter notice deadlines.

Munley Law’s Record in Fatal Accident Cases

Munley Law has a long record of representing families who have lost loved ones in serious crashes across Pennsylvania, including those in Luzerne County and the greater Wilkes-Barre area. The firm’s personal injury attorneys understand what these cases require. Contact us today if you’re looking to pursue justice after losing a loved one to a fatal car accident.