Wrongful Death Attorney in Scranton

Filing Both the Wrongful Death Act & Survival Act Claims for Scranton Families

A wrongful death occurs when someone causes the death of another through negligence, carelessness, or recklessness. Even if the incident was accidental, courts examine whether the responsible party failed to provide a reasonable level of care. If they did, the tragedy may give rise to a legal claim.

At Rogan Law, we represent families throughout Northeast Pennsylvania and the Pocono Mountain Region. Patrick M. Rogan brings over 30 years of personal injury and litigation experience before the Lackawanna County Court of Common Pleas and courts throughout the region. We file both the Wrongful Death Act and Survival Act claims together in every case, a procedural commitment intended to pursue recovery for both the family and the estate.

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

These examples reflect the most common situations we handle, but any incident where a person or professional failed to provide proper care and that failure caused a fatality could support a wrongful death claim. We can review your specific situation and help you understand whether you have a valid case.

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

Pennsylvania’s Wrongful Death Act & Survival Act

Pennsylvania law provides two distinct claims that are often filed together following a fatal accident caused by negligence: the Wrongful Death Act and the Survival Act (42 Pa. C.S. §§ 8301–8302). Each claim compensates a different set of losses. Leaving one unfiled may limit the damages pursued.

• The Wrongful Death Act (Compensating the Family): This action compensates the deceased’s closest surviving family members (spouse, children, or parents) for the losses they personally suffered, including lost financial support, household services, and loss of companionship and consortium.
• The Survival Act (Compensating the Estate): This action is brought on behalf of the deceased’s estate and recovers the damages the deceased would have been entitled to claim had they lived, including medical expenses, lost earning capacity, and the physical pain and emotional distress the deceased endured between injury and death.

The Statute of Limitations

Pennsylvania imposes a strict two-year statute of limitations for both Wrongful Death and Survival actions. For a Wrongful Death claim, the clock runs from the date of the loved one’s death. For a Survival Action, the deadline may run from the date of injury, which can be earlier than the date of death depending on the type of case. Missing either deadline can permanently bar the claim. The Lackawanna County Court of Common Pleas enforces these deadlines, which is why contacting an attorney as soon as possible matters.

Who Can File a Wrongful Death Lawsuit in Scranton

The personal representative of the deceased’s estate files the lawsuit. That representative is typically named in the decedent’s will. If no will exists, the court appoints an administrator. If the personal representative doesn’t file within six months of the date of death, any eligible beneficiary (spouse, children, or parents) may initiate the lawsuit. A civil wrongful death lawsuit may be filed even if no criminal charges were brought or if the defendant was acquitted in criminal court.

Key Elements We Must Prove for Compensation

To pursue compensation for your family, we must establish four elements of negligence before the Lackawanna County Court of Common Pleas. Each element carries weight, and the defense will challenge all of them.

• 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 that duty through negligence, carelessness, or an intentional wrongful act.
• Causation: The defendant’s breach 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 a Scranton Wrongful Death Lawsuit

By filing both the Wrongful Death and Survival actions together, we pursue comprehensive compensation for all economic and non-economic losses. The two claims cover distinct categories of harm, and that distinction shapes how each type of loss is calculated and presented.

Damages Recovered by the Family (Wrongful Death Act)

• Lost Financial Support: The present value of the deceased’s expected future earnings and financial contributions to the family.
• Loss of Services: The monetary value of household services the deceased provided, such as childcare and home maintenance.
• Loss of Companionship and Consortium: Compensation for the loss of the deceased’s companionship, comfort, guidance, and consortium.
• Funeral and Burial Expenses: Funeral, burial, and estate administration costs.

Damages Recovered by the Estate (Survival Act)

• Medical Expenses: All medical bills incurred from the date of injury to the time of death.
• Lost Earning Capacity: Lost wages and projected future earning capacity the deceased would have accumulated.
• Pain and Suffering: Compensation for the physical pain and emotional distress the deceased personally endured between injury and death. This is distinct from the family’s emotional losses, which fall under the Wrongful Death Act.

Several factors influence the total value of a claim: the deceased’s age, health, and life expectancy; their earning capacity and employment benefits; the degree of negligence or recklessness involved; and the financial and emotional impact on surviving family members. We engage economists and vocational specialists to calculate projected lost earnings and future contributions, and we present expert medical testimony to support causation and pain and suffering. Where the defendant’s conduct was intentionally harmful or grossly negligent, punitive damages may also be available under Pennsylvania law.

Pennsylvania’s Modified Comparative Negligence Rule

Pennsylvania follows a modified comparative negligence rule. A family can still recover damages as long as the deceased was less than 51% at fault for the accident. If the deceased is found to share fault, the award is reduced proportionally by their percentage of responsibility. If the deceased is assigned 51% or more of the fault, the family may be barred from recovering compensation.

Insurance carriers and defense attorneys routinely attempt to shift blame onto the deceased to reduce or eliminate the family’s recovery. Fault-shifting is one of the most common tactics used to undercut wrongful death claims. We investigate the circumstances of the death thoroughly and counter these attempts before they affect the outcome, drawing on accident reports, medical records, witness statements, and expert analysis.

The Pennsylvania Wrongful Death Claim Process

Filing a wrongful death claim is a detailed and emotionally difficult process. We manage the legal burden so your family can focus on healing.

• Estate Appointment: The first mandatory step is having a personal representative appointed at the Register of Wills in Lackawanna County to legally pursue the Survival Action on behalf of the estate.
• Investigation and Filing: We immediately investigate the incident using accident reports, medical malpractice reviews, and crime scene reports, then file the combined Wrongful Death and Survival Action within the applicable deadline.
• Discovery and Expert Evidence: We engage economists to project lost future earnings and medical experts to establish causation and the deceased’s pain and suffering. This phase includes depositions, document exchange, and formal expert disclosures.
• Negotiation and Trial: We negotiate with defense insurance carriers and are fully prepared to take the case to trial in the Lackawanna County Court of Common Pleas if a settlement doesn’t fully cover your family’s losses.

Why Scranton Families Choose Rogan Law

Patrick M. Rogan has over 30 years of experience handling personal injury and wrongful death matters in Northeast Pennsylvania. He is a Life Member of the Million Dollar Advocates Forum, holds an Avvo 10.0 rating, and received a Super Lawyers selection in 2022. We have handled thousands of cases and recovered millions for our clients.

We handle wrongful death representation on a contingency fee basis: no upfront costs and no attorney fee unless we recover compensation for your family. We offer free consultations, 24/7 availability, and direct attention from Patrick Rogan throughout your case. We serve clients throughout Scranton, Lackawanna County, and the broader Northeast Pennsylvania and Pocono Mountain Region. ¡Hablamos español!

Don’t wait to protect your family’s rights. Contact a wrongful death lawyer in Scranton at Rogan Law for a free consultation. Reach out online or call (570) 906-8532. ¡Hablamos español!

Frequently Asked Questions

How Long Does a Wrongful Death Case Usually Take?

The timeline depends on case complexity, the number of parties involved, and whether the case settles or goes to trial. Some cases resolve in several months; others take a year or longer. We work to move the process forward as efficiently as possible for your family.

Who Is Eligible to Benefit From a Wrongful Death Claim?

Under Pennsylvania law, the primary beneficiaries are a spouse, children, or parents of the deceased. If none of those relatives file, other family members may qualify depending on the circumstances.

What Evidence Is Needed to Prove Wrongful Death?

Proving wrongful death typically requires medical records, accident reports, witness statements, expert testimony, and financial documentation showing your family’s losses. We gather, preserve, and present this evidence to build the strongest possible case.

Do I Have to Pay Anything Upfront to Hire a Wrongful Death Attorney?

No. Rogan Law handles wrongful death cases on a contingency fee basis. You pay no upfront costs and no attorney fee unless we recover compensation for your family. Your initial consultation is also free.