Serving Scranton and Lackawanna County
Serving Scranton and Lackawanna County
A wrongful death claim may arise when someone dies because of another party’s negligence or wrongful conduct.
Pennsylvania law recognizes two related but separate claims: a wrongful death claim, which addresses losses suffered by the family, and a survival action, which continues certain claims the deceased person could have pursued before death.
If you have lost a loved one in in Scranton because of someone else’s actions, Munley Law’s wrongful death lawyers can help you understand your rights. Our wrongful death attorneys will explain the legal options available to your family. We charge no fees unless we win your case.
Consultations are free with no obligations
If your deadline is close, call the office rather than sending a form.
Pennsylvania’s Wrongful Death Act allows an action when a person dies because of another party’s wrongful act, neglect, unlawful violence or negligence. The right of action exists for the benefit of the deceased person’s spouse, children or parents, and it is normally the personal representative of the estate who brings it on their behalf.
What is often missed is that two separate claims arise from the same death. The wrongful death claim compensates the family for what they have lost. The survival action carries forward the claim the deceased person held before dying, and belongs to the estate. They are pleaded together, valued separately, and distributed under different rules.
The practical work early on is evidential. Vehicles get repaired, scenes are cleared, equipment is returned to service and witnesses become harder to find. Where the death followed a period in hospital, the medical record has to show the connection between the injury and the death. Cases arising in Lackawanna County are heard locally.
A death caused by another party. The other party’s conduct must be wrongful and must have caused the death. Depending on the circumstances, this may involve a motor vehicle crash, unsafe premises, defective equipment, or medical negligence.
The right person bringing it. A wrongful death action is generally brought by the personal representative of the estate for the benefit of the spouse, children, or parents. Pennsylvania law also provides a procedure for an eligible beneficiary to commence the action if the personal representative has not filed within six months of the death.
Loss capable of being valued. Damages may include financial support the family would have received, the value of services provided by the deceased, loss of society and guidance, and certain expenses resulting from the death. These losses must be supported by appropriate evidence.
Pennsylvania recognizes two separate causes of action that can arise after a person's death: a wrongful death claim and a survival action. Although they often arise from the same incident and may be pursued together, they compensate different losses and the proceeds are handled differently.
A wrongful death claim addresses the losses suffered by the deceased person's eligible family members. It can include financial support, services, society, comfort, and guidance, as well as certain expenses associated with the death.
A survival action continues a claim that belonged to the deceased person before death. Depending on the circumstances, it may include damages for conscious pain and suffering and lost earnings between the injury and death. The proceeds generally become part of the estate. Understanding this distinction is important because the claims have different beneficiaries and distribution rules. Our Scranton wrongful death lawyers can evaluate both claims when the circumstances support them.Pennsylvania generally imposes a two-year limitation period for wrongful death actions, measured from the date of death. Survival claims are also subject to statutory time limits, although the precise calculation can depend on the underlying claim and circumstances.
The six-month rule concerning who may commence a wrongful death action is separate from the two-year statute of limitations. It does not give a family an additional two years after six months have passed. Munley Law’s Scranton wrongful death lawyers recommend getting legal advice as soon as reasonably possible after a death, as missing a legal deadline can prevent your family from pursuing a claim.If your question is not answered here, contact us for a free consultation.
Munley Law generally handles wrongful death claims on a contingency-fee basis. This means our fee is based on a percentage of the recovery, and you do not pay an attorney’s fee if there is no recovery.
We explain the fee arrangement and any case-related costs before representation begins. If court approval is required for a settlement, additional rules may apply to the approval of fees and distribution of the recovery.
A wrongful death action is generally brought by the personal representative of the deceased person’s estate for the benefit of the spouse, children, or parents who are entitled to recover. Pennsylvania law also provides a procedure for an eligible beneficiary to commence the action if the personal representative has not brought one within six months after the death.
The exact circumstances matter, particularly when there are questions about the estate, beneficiaries, or whether a personal representative has been appointed.
The wrongful death claim compensates the family for their loss, including support, services, guidance and the expenses the death caused. The survival action carries forward the claim the deceased person held, covering their conscious pain and suffering and lost earnings. They are usually filed together, but the money is distributed differently and the estate route carries tax and creditor consequences.
Possibly, as Pennsylvania follows a modified comparative negligence system, meaning a person’s own negligence can reduce a recovery rather than automatically preventing one.
Recovery is generally barred when the plaintiff’s negligence is greater than the causal negligence of the defendant or defendants against whom recovery is sought. Additionally, insurance companies often dispute fault after a fatal accident.
Our attorneys investigate the available evidence and challenge unsupported allegations that the deceased person caused or contributed to the death.
There is no fixed timeframe for a wrongful death claim. The length of the case can depend on the complexity of the investigation, whether liability is disputed, the condition of the evidence, the estate, the number of parties involved, and whether the case settles or proceeds to trial.
At Munley Law, we work to move the case forward while making sure important evidence and damages are properly documented.
Most cases settle without a trial. Family members are usually deposed at some stage, and a court approval hearing may be needed to distribute the proceeds. If the case does go to trial, you will be prepared for it well in advance.
A single attorney handles your case from start to finish, giving you one consistent point of contact. A brief conversation can usually determine whether you have a viable claim and what steps to take next.
Please note that sending a message to our office does not create a lawyer-client relationship.
