Losing a loved one unexpectedly is one of the most difficult experiences a family can face. When that loss was caused by someone else’s careless or reckless actions, the grief is often compounded by unanswered questions, financial stress, and a need for accountability.
Our Scranton wrongful death lawyers can help you understand your family’s rights and whether anything can be done to hold the responsible party accountable. Pennsylvania law allows certain family members to pursue compensation when negligence leads to a fatal injury, but the process can feel stressful and challenging during an already difficult time.
At The Slocum Firm, our team helps families in Scranton and throughout Pennsylvania understand their legal options and pursue justice in a way that respects what they’ve been through.
Why You Should Choose The Slocum Firm for Your Wrongful Death Case
Choosing a law firm after the loss of a loved one is not just about legal experience—it’s about trust, compassion, communication, and knowing your family will be treated with the care you deserve.
At The Slocum Firm, we take a personal approach to every wrongful death case. You will work directly with our attorneys, not passed between departments or left waiting for answers.
Here’s what sets our team apart:
- Over 95% recovery rate for injured clients and families
- Millions of dollars recovered across Pennsylvania
- Most cases are resolved in less than one year
- More than 50 years of combined legal experience helping injured people
- Direct access to our attorneys by phone or text
- Available 24/7 when you need answers
- No legal fees unless we recover compensation
We understand that this is not just a legal case… It’s all about your family, your loss, and your future.
What Is a Wrongful Death Claim in Pennsylvania?
In Pennsylvania, a wrongful death claim arises when someone loses their life due to another party’s negligence or misconduct. These claims are designed to compensate surviving family members for the financial and emotional impact of that loss.
In our state, wrongful death cases often involve situations such as fatal car accidents on I-81, unsafe property conditions, workplace incidents in Scranton, or other preventable events. The purpose of a wrongful death claim is not only to provide financial relief but also to hold the responsible party accountable for the harm they caused.
Wrongful Death vs Survival Action — What’s the Difference?
Pennsylvania law separates fatal injury claims into two parts, and understanding this distinction is important. We can explain in more detail during a free consultation, but in general:
- A wrongful death claim focuses on the losses experienced by the family, such as loss of income, companionship, and financial support.
- A survival action, on the other hand, represents the legal claim the deceased person would have brought if they had survived. This includes damages like pain and suffering experienced before death.
Both claims are often pursued together, but they are handled differently and may affect how compensation is distributed. Our Scranton wrongful death attorneys can handle both types of cases on behalf of your family.
Do You Have a Wrongful Death Case in Scranton?
You may have a wrongful death case if another person’s or entity’s negligence contributed to your loved one’s death. Many families are unsure whether they have a valid claim, especially when the circumstances are complex or unclear. In general, a case may exist if:
- A preventable accident led to your loved one’s death
- The accident was caused by someone who failed to act with reasonable care
- The incident resulted in financial or emotional loss for surviving family members
Even if you are unsure of all the details, speaking with our team can help clarify whether a claim may be available. Call for a confidential case review now. You have no obligation to take any action, and your consultation is always free.
Who Can File a Wrongful Death Lawsuit in Pennsylvania?
Pennsylvania law requires that a wrongful death lawsuit be filed by the personal representative of the deceased person’s estate. This is often a spouse, parent, or adult child, but it can vary depending on the situation. For the first six months after a person’s death, only the personal representative of the estate has the authority to file a wrongful death lawsuit.
If no action is taken during that time, other eligible family members may be able to file the claim on behalf of all beneficiaries. This rule can create urgency, especially when families are still navigating the estate process and may not realize that legal deadlines are already running.
We know the procedural requirements can create confusion and stress, especially during an already difficult time. We can explain who has the legal authority to act and handle the legal process to help protect your family’s rights.
What Compensation Is Available in a Wrongful Death Case?
A wrongful death claim is meant to help ease both the financial strain and the emotional weight that follows the loss of a loved one. While no amount of compensation can replace what your family has lost, the law does recognize that the impact reaches far beyond the immediate moment of the loss.
Depending on the circumstances of your unique situation, you may request compensation for these common legal damages:
Financial Losses
One of the most significant concerns for many families is the sudden loss of financial support. These damages are meant to account for the income your loved one would have earned and contributed over time. This may include not only current wages, but also future earning potential, retirement benefits, and the everyday financial stability they would have provided to your household.
Funeral and Final Expenses
The cost of laying a loved one to rest can add an unexpected financial burden during an already difficult time. A wrongful death claim can include reimbursement for funeral services, burial or cremation costs, and other related expenses, helping to relieve some of that immediate pressure.
Loss of Companionship and Support
We know the loss of a loved one is not just financial—it deeply affects your daily life and relationships. Compensation may be available for the loss of companionship, guidance, and emotional support your loved one provided. This is especially important in cases involving spouses, parents, or children, where that absence is felt in countless ways over time.
Pain and Suffering (Survival Claim)
In some cases, your loved one may have experienced pain or awareness of their condition before passing. Through a survival action, compensation may be available for what they went through during that time. This can include both physical pain and the emotional experience leading up to their death.
Every case is different, and your total compensation depends on the specific circumstances surrounding your family member’s passing. We look at the full picture—both financial and personal—to help ensure that your legal claim reflects what your family has truly lost.
What If Your Loved One Was Partly at Fault?
It is common for defendants to argue that the deceased person contributed to the accident. If your family member contributed to the accident that took their life somehow, Pennsylvania law applies a modified comparative negligence rule.
Under this law, every potentially liable party is assigned a percentage of fault for the incident. If your loved one was partially at fault, you may still pursue compensation for wrongful death or a survival action as long as the deceased was not more than 50% responsible.
Any recovery may be reduced based on the percentage of fault, but this does not automatically prevent your family from pursuing a claim. Our team can investigate the accident, gather evidence to show who was at fault, and work to minimize the deceased’s liability to protect your claim for compensation.
How Compensation Is Divided in a Pennsylvania Wrongful Death Case
One of the most common questions families have is what happens to any financial recovery after a wrongful death case is resolved. In Pennsylvania, wrongful death compensation is distributed directly to eligible family members, typically a spouse, children, or parents. The exact distribution depends on the family structure and whether the deceased had a will.
For example, if there is a surviving spouse and children but the deceased had no will, the compensation is generally divided among them according to Pennsylvania intestate succession law. If there is no spouse or children, the recovery may go to parents or other qualifying relatives.
This process differs from a survival action, in which compensation is paid to the deceased’s estate and may be subject to estate administration and potential creditor claims. Because of this distinction, how damages are categorized can significantly affect what your family ultimately receives.
During a free case review, we can explain how the various types of compensation may be allocated in your claim. Our goal is to help avoid confusion or conflict during this already difficult time.
What Is the Deadline to File a Wrongful Death Lawsuit?
Under Pennsylvania’s statute of limitations, wrongful death claims must generally be filed within two years of the date of death.
While this may seem like a long time, waiting too long to get started can make it harder to gather evidence and build a strong case. Important details can be lost, and witnesses may become harder to locate.
Taking action quickly allows us to perform a more thorough investigation and build a case that provides a clearer understanding of what happened and who should be held responsible.
How Our Team Helps Families After a Loss
During this process, families often feel overwhelmed by legal questions, insurance issues, and the emotional weight of what they are experiencing. Our goal is to provide clarity and support as we handle the legal aspects of your case, so you can focus on your family.
We assist by investigating the circumstances of the death, identifying responsible parties, gathering evidence, and managing communication with insurance companies. We also work to evaluate the full impact of your loss so that your legal claim reflects what your family has truly experienced.
Throughout the process, you will have direct access to our attorneys, who can answer your questions and keep you informed. And, since we only accept wrongful death cases on a contingency fee basis, you pay no fees up front to get started. Our fee is based only on the compensation we obtain for you.
Frequently Asked Questions About Wrongful Death Cases in Scranton
How are wrongful death settlements distributed in Pennsylvania?
Compensation is typically distributed to eligible family members based on Pennsylvania law. The distribution depends on the family structure and whether there is a will.
Are wrongful death cases always resolved in court?
No. Many cases are resolved through settlement negotiations, although some may proceed to trial if a fair agreement cannot be reached.
How long does a wrongful death case take?
The timeline varies depending on the complexity of the case. Some cases resolve within months, while others take longer if facts or liability are disputed.
What types of evidence are used in wrongful death cases?
Evidence may include accident reports, witness statements, expert analysis, and documentation related to the cause of death. Our team can help gather this information for you.
Can compensation include future financial losses?
Yes. Claims often include future financial losses, such as projected earnings and long-term support the deceased would have provided.
Contact Our Scranton Wrongful Death Lawyers Today
Losing a loved one due to someone else’s negligence can leave your family facing uncertainty, financial strain, and difficult decisions about what comes next.
Reach out now to speak directly with our Scranton wrongful death lawyers at The Slocum Firm. We are available 24/7, and you pay no legal fees unless we recover compensation for you.
Since 2009, our team has helped families across Pennsylvania recover millions of dollars, maintaining a 95% recovery rate and resolving most cases in less than a year. When you call, you will speak directly with one of our attorneys, who can help you understand your rights and the options available to your family.
If you lost a loved one in Scranton or anywhere in Pennsylvania, contact our team today by calling (570) 209-7376 for a free consultation and get the answers you need to protect your family’s future.
