Wrongful Death Attorney in Scranton

A wrongful death occurs when someone causes the unlawful death of another because of negligence, carelessness, or recklessness. Even if the incident was accidental, courts look at whether the responsible person failed to provide a reasonable level of care or caution; if so, the tragedy could have been prevented.

At Rogan Law, we represent clients throughout Northeast Pennsylvania and the Pocono Mountain Region with wrongful death claims and lawsuits.

Patrick M. Rogan may be able to help you if you have lost a loved one due to:

These examples reflect some of the most common situations we handle. Any incident where another person or a professional failed to provide proper care, leading to a fatality, could provide grounds for a wrongful death claim. A lawyer can review your specific situation and help you determine if you may have a valid case.

If you have lost a loved one due to negligence, call a dedicated wrongful death attorney in Scranton immediately. With over 30 years of legal experience, we offer free consultations and 24/7 availability. Call Rogan Law at (570) 906-8532 or reach out online now.

Understanding Wrongful Death Claims in Pennsylvania

Pennsylvania law provides for two distinct legal claims that must often be filed together following a fatal accident caused by negligence: the Wrongful Death Act and the Survival Act (42 Pa. C.S. §§ 8301-8302). Our firm files both to ensure maximum recovery for both the family and the estate.

• The Wrongful Death Act (Compensating the Family): This action is designed to compensate the deceased person's closest surviving family members (spouse, children, or parents) for the losses they have personally suffered due to the death.
• The Survival Act (Compensating the Estate): This action is brought on behalf of the deceased person's estate and allows the estate to recover the damages the deceased would have been entitled to claim had they lived.

The Statute of Limitations

Pennsylvania imposes a strict two-year statute of limitations for both Wrongful Death and Survival actions. This deadline typically begins to run on the date of the loved one's death, not the date of the injury. Missing this two-year deadline can permanently bar your claim from recovery.

Who Can File a Wrongful Death Lawsuit in Scranton

In Pennsylvania, certain family members may have the right to bring a wrongful death lawsuit when a tragedy occurs. The personal representative of the deceased’s estate usually files the claim, and eligible individuals can include a spouse, children, or parents. If none of these relatives are available, other family members may pursue a claim under Pennsylvania law. 

For those in Scranton, local courts such as those in Lackawanna County enforce the state’s statute of limitations, which is two years from the date of death. Missing this deadline can bar your ability to recover damages, so you should act promptly. Meeting with a wrongful death lawyer in Scranton can clarify your options and protect your rights.

Key Elements We Must Prove for Compensation

To succeed with a wrongful death claim, we must prove the fundamental elements of negligence in the Lackawanna County Court of Common Pleas:

• Duty of Care: The defendant owed a legal duty to the deceased (e.g., a doctor's duty to provide competent care, a driver's duty to obey traffic laws).
• Breach of Duty: The defendant violated or breached that duty through negligence, carelessness, or an intentional wrongful act.
• Causation: The defendant's breach of duty was the direct and proximate cause of the victim's fatal injuries.
• Damages: The surviving family members and the estate suffered measurable financial and non-financial losses due to the death.

Recoverable Damages in Wrongful Death Claims in Scranton

By filing both the Wrongful Death and Survival actions, we seek comprehensive compensation for all economic and non-economic losses sustained by the family and the estate.

Damages Recovered by the Family (Wrongful Death Act)

• Lost Financial Support: The present value of the deceased person's expected future earnings and financial contributions to the family.
• Loss of Services: The monetary value of services the deceased provided to the household (e.g., childcare, home maintenance, advice).
• Loss of Society and Guidance: Compensation for the profound emotional and psychological loss of companionship, comfort, guidance, and consortium.
• Special Damages: Funeral, burial, and estate administration expenses.

Damages Recovered by the Estate (Survival Act)

• Medical Expenses: All medical bills incurred from the date of injury up to the time of death.
• Lost Earning Capacity: Lost wages and projected future earning capacity that the deceased would have accumulated during their lifetime.
• Pain and Suffering: Compensation for the physical pain and emotional distress the deceased endured between the time of injury and the time of death.

The Pennsylvania Wrongful Death Claim Process

Filing a wrongful death claim is a detailed and emotionally challenging process. We manage the entire legal burden to allow your family to focus on healing.

• Estate Appointment: The first mandatory step is having a Personal Representative appointed by the Register of Wills in Lackawanna County to legally pursue the Survival Action.
• Investigation and Filing: We immediately investigate the incident (accident reports, medical malpractice reviews, crime scene reports), and we file the combined lawsuit (Wrongful Death and Survival Action) within the critical two-year deadline.
• Discovery and Expert Evidence: We engage a team of experts, including economists to project lost future earnings and medical experts to establish causation and pain and suffering. This process involves formal discovery, including depositions and document exchange.
• Negotiation and Trial: We negotiate fiercely with the defense's insurance carriers, prepared to take the case to trial in the Lackawanna County Court of Common Pleas if the settlement offer does not fully cover your family's economic and emotional losses.

Looking for a Lawyer for Wrongful Death in Scranton? Contact Us Now

Losing a loved one is always difficult, but knowing the death could have been prevented adds another layer of pain. A wrongful death lawyer in Scranton can handle the legal details and pursue fair compensation for your loss. You may have a claim for funeral costs, lost earnings, loss of companionship, and related damages.

Family members in Scranton must follow strict deadlines set by Pennsylvania law when filing a wrongful death lawsuit. Moving quickly helps preserve your legal rights and keeps your ability to recover damages intact. Courts in Lackawanna County adhere closely to Pennsylvania statutes on eligibility, filing procedures, and timing. Understanding these rules will help you avoid missing key requirements along the way.

If you choose to proceed, we can guide you through each step―from preparing documents and identifying essential records to presenting your case in the local court. Because we know the procedures in Northeast Pennsylvania, we help families feel more comfortable as they work through the legal system during a challenging time.

Don't wait to file your claim. Secure the aggressive defense of a proven Scranton wrongful death lawyer. Contact us online or call (570) 906-8532. ¡Hablamos español!

FAQs

How long do I have to file a wrongful death lawsuit in Scranton?

Pennsylvania law gives you two years from the date of your loved one’s passing to file a wrongful death lawsuit in Scranton. Acting quickly helps you meet all key deadlines in Lackawanna County and throughout the state.

How long does a wrongful death case usually take?

The timeline for a wrongful death case in Scranton varies widely based on factors like the complexity of the case, the number of parties involved, and whether the case settles or goes to trial. Some cases resolve in several months, while others may take a year or longer. An attorney can help streamline the process and work toward an efficient resolution.

Who is eligible to benefit from a wrongful death claim?

Usually a spouse, children, or parents benefit from a wrongful death claim under Pennsylvania law. If no such relatives exist or file a claim, other family members might qualify based on the circumstances.

What evidence is needed to prove wrongful death?

Proving wrongful death typically requires evidence such as medical records, accident reports, witness statements, expert testimony, and financial documentation showing the losses your family has suffered. A skilled attorney can help gather, preserve, and present this evidence to build a strong case on your behalf.