Have you lost a loved one due to someone else’s negligence in Scranton? Contact The Slocum Firm today to schedule a free consultation. Our Scranton wrongful death lawyers can help you get the justice and compensation you deserve for your injuries.
Are you grieving the loss of a loved one in Scranton, PA? Has a tragic accident, medical malpractice, or other wrongful act caused their untimely death? If so, you may be entitled to compensation. The Slocum Firm is here to help you navigate this difficult time and seek justice for your lost loved one.
Wrongful death occurs when the negligent or reckless actions of another cause someone’s death. It’s a devastating event that can leave families facing immense emotional and financial hardship. Our experienced Scranton wrongful death lawyers understand the pain and challenges you’re going through, and we’re committed to helping you recover the compensation you deserve.
We’ll work tirelessly to build a strong case on your behalf. Our team will gather evidence, consult experts, and negotiate with insurance companies to secure the maximum possible settlement or verdict. We believe families should not bear the burden of someone else’s negligence.
Don’t hesitate to reach out for a free consultation. Our Scranton wrongful death lawyers are here to listen to your story, answer your questions, and provide guidance. We’ll help you understand your legal rights and options and explore how we can assist you in seeking justice for your lost loved one.
What Constitutes Wrongful Death?
A wrongful death occurs when someone’s untimely death is caused by someone else’s negligence, reckless actions, or wrongful act. In Scranton, Pennsylvania, a wrongful death claim can arise from various situations, such as auto accidents, medical malpractice, defective products, or even birth injuries.
At The Slocum Firm, we understand the deep pain that comes with losing a loved one due to another’s negligent behavior, and we are here to help you seek justice.
To file a wrongful death suit, it must be shown that the negligent party is responsible for the victim’s death. This might include a distracted driver, a negligent property owner, or a medical professional who failed their duty of care. In wrongful death cases, surviving family members, such as a surviving spouse, can recover damages like lost wages, medical records expenses, and estate administration expenses.
Common Causes of Wrongful Death Cases in Scranton
Wrongful death cases in Scranton can arise from a variety of situations. Some of the most common causes include:
- Car Accidents: Fatal accidents involving cars are a leading cause of wrongful death claims. Whether due to distracted driving, speeding, or impaired driving, a fatal car accident often results from someone’s negligent behavior. Pennsylvania law allows surviving family members to seek justice for their loved one’s death through a wrongful death lawsuit.
- Medical Malpractice: Medical errors, such as surgical mistakes, anesthesia errors, or misdiagnoses, can lead to a patient’s untimely death. In these cases, the negligent party, whether a doctor, nurse, or hospital, may be liable in a wrongful death suit. At The Slocum Firm, our Scranton wrongful death attorneys are experienced in handling medical malpractice cases.
- Defective Products: Manufacturers can be held accountable when a defective product causes the death of a consumer. If a loved one dies due to a dangerous product, you have the right to file a wrongful death claim against the responsible parties. These cases often involve extensive investigation to gather the necessary evidence, such as product recalls or design flaws.
- Workplace Accidents: Some wrongful death cases result from unsafe working conditions. A fatal accident in a construction site or other hazardous environment could be grounds for a wrongful death claim, especially if safety regulations were not followed.
Steps to Take After a Wrongful Death in Scranton
Losing a loved one due to someone else’s negligence is a heartbreaking experience. At The Slocum Firm, we understand how overwhelming this time can be for you and your family.
In Scranton and throughout Pennsylvania, surviving family members have the right to file a wrongful death claim to seek justice and compensation. Knowing what steps to take after a wrongful death can help you navigate this difficult time and protect your legal rights.
Seek Legal Help from a Scranton Wrongful Death Attorney
The first and most crucial step is to consult with an experienced Scranton wrongful death attorney. Pennsylvania law surrounding wrongful death claims is complex, and having the right legal guidance can make a significant difference in your case.
At The Slocum Firm, our team of Scranton wrongful death lawyers is ready to help you through every step, from gathering the necessary evidence to filing the lawsuit. We offer a free consultation to discuss your options and guide you forward.
Collect and Preserve Evidence
Gathering evidence is crucial in building a solid wrongful death case. This includes collecting medical records, witness statements, accident reports, and any other documentation that shows the negligent or reckless actions that led to your loved one’s death.
Whether the death was due to a car accident, medical malpractice, or a defective product, proving negligence is vital. Our Scranton wrongful death lawyers can assist you in securing this evidence and identifying the responsible parties.
File a Wrongful Death Claim
In Pennsylvania, wrongful death claims must be filed within a specific time frame, typically within two years of your loved one’s death.
This legal action allows the surviving family members—such as a surviving spouse, children, or other close relatives—to seek compensation for the financial and emotional losses caused by the deceased victim’s untimely death. This compensation can include:
- Lost wages and financial support
- Medical expenses incurred before death
- Estate administration expenses
- Funeral and burial costs
- Emotional suffering and loss of companionship
Our Scranton wrongful death attorneys are dedicated to helping you pursue fair compensation for these damages.
Hold the Responsible Party Accountable
A wrongful death lawsuit aims to hold the negligent party accountable for their actions. Whether the death was the result of a fatal accident, medical malpractice, or a wrongful act, it’s crucial to ensure justice is served.
In some wrongful death cases, punitive damages may also be awarded to punish particularly egregious behavior. Our team will fight for justice on your behalf, ensuring that those responsible are held accountable.
Benefits of Hiring a Scranton Wrongful Death Lawyer
Losing a loved one due to someone else’s negligence is one of the most challenging experiences a family can endure. Whether the death resulted from a car accident, medical malpractice, or another form of negligent behavior, the pain is immeasurable.
At The Slocum Firm, we understand how challenging this time can be for you and your family. If you’ve experienced the untimely death of a loved one due to someone’s negligent or reckless actions, hiring a Scranton wrongful death attorney can make a significant difference in seeking justice and securing the compensation you deserve.
Expertise in Pennsylvania Wrongful Death Law
Wrongful death claims are complex, and Pennsylvania law requires a deep understanding of the legal process. When you hire one of our experienced Scranton wrongful death lawyers, you get local expertise that can navigate the intricacies of wrongful death cases. We’ll handle everything—from gathering the necessary evidence, such as medical records and accident reports, to identifying responsible parties.
Under Pennsylvania wrongful death laws, surviving family members, such as a spouse, children, or parents, have the right to file a wrongful death lawsuit against the negligent party. We’ll ensure your rights are fully protected and you’re well-informed throughout the process.
Fair Compensation
One of the most important aspects of hiring a wrongful death attorney is ensuring you receive fair compensation for your loss. Wrongful death cases can involve various types of damages, including:
- Lost wages from the deceased victim, which your family would have depended on.
- Medical bills and funeral costs that have arisen due to the fatal accident.
- Pain and suffering that surviving family members experience after a loved one’s death.
- Estate administration expenses are often overlooked but can add up quickly.
- Punitive damages in cases where the responsible party acted with extreme negligence or reckless disregard for safety.
At The Slocum Firm, we’ll work diligently to ensure every aspect of your loss is considered in your wrongful death claim. We fight to secure the compensation you deserve while you focus on healing from your loved one’s death.
Personalized Support During a Difficult Time
We understand that no amount of money can ever replace your lost loved one, but our goal is to ease the financial burdens you may face and to hold the negligent party accountable for their actions. Our Scranton wrongful death attorneys provide compassionate, personalized support during this difficult time. We’re here to offer guidance, communicate with the insurance company, and represent you in court if necessary.
Types of Compensation Available in Wrongful Death Cases
When you file a wrongful death lawsuit, you may be entitled to several types of compensation. At The Slocum Firm, we work tirelessly to ensure you receive fair compensation for your loss. The types of compensation available in wrongful death cases can vary, but they generally include:
- Medical Expenses: Compensation for medical bills incurred due to the victim’s injury or illness before death. This includes hospital stays, surgeries, treatments, and even anesthesia errors that contributed to the victim’s death.
- Funeral and Burial Costs: The wrongful death suit can also cover funeral and burial expenses, easing the financial burden on the surviving family members.
- Lost Wages and Benefits: If the deceased family member was the primary earner, the family could suffer financially due to the loss of income. You can seek compensation for lost wages, future earning potential, and benefits the deceased would have provided to the family.
- Loss of Companionship: The emotional toll of losing a loved one cannot be overstated. Surviving family members may be compensated for the loss of companionship, guidance, and emotional support the deceased provides. Suffering loss is a significant part of wrongful death claims.
- Pain and Suffering: In some cases, the court may award damages for the emotional distress and suffering experienced by both the deceased before death and the surviving family members after the loss. This can include compensation for the trauma of witnessing a fatal accident or enduring the grief of losing a loved one.
- Punitive Damages: In cases where the negligent party acted with gross negligence or recklessness, punitive damages may be awarded. These are meant to punish the responsible party and deter similar behavior in the future.
Unique Challenges in Wrongful Death Cases
Wrongful death cases are different from other types of personal injury claims. They often come with unique challenges that make the legal process more difficult for surviving family members. Some of these challenges include:
- Proving negligence: In order to file a successful wrongful death lawsuit, you must prove that the negligent party was responsible for your loved one’s death. This often requires gathering substantial evidence, such as medical records, eyewitness accounts, or expert testimony. Our team of wrongful death attorneys knows how to collect and present the necessary evidence to hold the responsible parties accountable.
- Identifying responsible parties: In some cases, more than one party may be responsible for the victim’s death. For example, a car accident caused by a defective part might involve both the car manufacturer and the driver. Similarly, a medical malpractice case may involve multiple healthcare professionals. We work diligently to identify all the responsible parties and ensure they are held liable for their negligent behavior.
- Calculating damages: Wrongful death claims can include various forms of compensation, such as lost wages, funeral and estate administration expenses, and emotional suffering. In some cases, punitive damages may be awarded to punish the negligent party for particularly reckless conduct. Our Scranton wrongful death attorneys will carefully evaluate your case to ensure you receive fair compensation for your losses.
- Dealing with insurance companies: Insurance companies are often involved in wrongful death lawsuits, whether it’s for a car accident, a medical malpractice case, or a defective product. They may attempt to minimize the compensation you deserve. At The Slocum Firm, we have experience dealing with insurance companies and will fight to ensure you receive the justice and compensation you deserve.
Common Defenses Used by Defendants in Wrongful Death Cases
When you lose a loved one due to someone else’s negligence, filing a wrongful death claim can help you seek justice and fair compensation. However, defendants often raise various defenses in an attempt to avoid responsibility for the victim’s death.
Here, we will explore some common defenses used by defendants in wrongful death cases and how we, as your trusted Scranton wrongful death attorneys, can help counter these arguments.
The Death Was an Accident, Not Negligence
Defendants often argue that the fatal accident was a tragic but unavoidable event rather than the result of their negligent behavior.
For example, in a car accident, the defendant might claim that the crash occurred due to road conditions or unforeseeable circumstances, not because of their reckless actions.
At The Slocum Firm, we know how to gather necessary evidence, such as accident reports, medical records, and witness statements, to prove that the responsible party was negligent. Our Scranton wrongful death lawyers will ensure that you and your family are not unfairly denied justice.
Comparative Negligence
Under Pennsylvania law, a defendant may argue that the deceased victim was partially responsible for their death. This is known as “comparative negligence.” In such cases, the compensation may be reduced depending on the percentage of fault assigned to the deceased.
For example, in a Scranton wrongful death case involving a car accident, the defendant might claim that the deceased was speeding or not wearing a seatbelt, contributing to their injuries. Our team of experienced wrongful death lawyers will work hard to show that the negligent party bears the primary responsibility for the untimely death of your loved one.
Assumption of Risk
In some wrongful death claims, defendants argue that the deceased victim voluntarily engaged in risky behavior and knew the potential dangers, thus assuming the risk of injury or death. This defense is often used in medical malpractice or cases involving dangerous activities.
At The Slocum Firm, we will challenge this defense by showing that your loved one did not fully understand the risks or that the negligent behavior of the responsible parties exceeded what could reasonably be expected.
Statute of Limitations
In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is two years. If a claim is filed after this time has passed, the defendant may argue that the case should be dismissed.
Our Scranton wrongful death attorneys are here to ensure that your wrongful death claim is filed within the required time frame, helping you avoid this defense altogether. Acting quickly after losing a loved one is essential, so don’t hesitate to contact us for a free consultation.
No Causation Between Negligence and Death
In some cases, the defendant may admit to being negligent but claim that their actions did not directly cause the victim’s death. For instance, in medical malpractice cases, a defendant may argue that the death was due to the patient’s pre-existing condition, not the alleged negligence.
Our wrongful death attorneys are experienced in working with medical experts to establish a clear link between the negligent or reckless actions of the defendant and the loved one’s death. We will thoroughly investigate the medical records and consult with professionals to prove causation in your wrongful death suit.
The Deceased’s Family Has Already Been Compensated
A common defense in wrongful death lawsuits is that the surviving family members have already received compensation from another source, such as life insurance or their insurance policy. Defendants may claim that no further compensation is necessary.
At The Slocum Firm, we understand that insurance payouts often fall short of covering the full extent of your loss, including lost wages, estate administration expenses, and emotional suffering. Our Scranton wrongful death lawyers will fight to ensure that you receive fair compensation for all damages related to your loved one’s death.
Frequently Asked Questions About Wrongful Death Cases in Scranton
What is a wrongful death claim?
A wrongful death claim is a legal action filed by the surviving family members of a person who has died as a result of someone else’s negligence, reckless behavior, or intentional act. This can occur due to various incidents, including car accidents, medical malpractice, defective products, or even dangerous property conditions. If a loved one’s untimely death was caused by the negligent or reckless actions of another party, you may be entitled to recover damages for your loss.
Who can file a wrongful death suit in Pennsylvania?
Under Pennsylvania law, wrongful death claims can be filed by the personal representative of the deceased’s estate. This is usually a surviving family member, such as a spouse, child, or parent. If the personal representative does not file a wrongful death suit within six months of the loved one’s death, other family members may file the claim on behalf of the estate. Our Scranton wrongful death lawyers can help determine if you have the legal standing to file a claim.
How long do I have to file a wrongful death lawsuit in Pennsylvania?
In Pennsylvania, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the loved one’s death. Acting within this timeframe is crucial to preserve your right to seek justice and compensation. Our team of Scranton wrongful death lawyers is here to help you navigate this process and ensure that all necessary paperwork is filed on time.
Contact a Wrongful Death Lawyer in Scranton
If you have lost a loved one due to someone else’s negligence, you don’t have to go through this challenging time alone. Our Scranton wrongful death lawyers at The Slocum Firm are here to help you file a wrongful death lawsuit and seek the fair compensation you deserve.
This can include compensation for lost wages, estate administration expenses, and emotional suffering.
We’ll work closely with you to hold the responsible parties accountable and pursue justice for your loved one’s untimely death. Call 570-209-7376 today for a free consultation with an experienced Scranton wrongful death attorney.
