If you’ve lost a close family member in an accident in Hazleton, Pennsylvania, call McDonald & MacGregor, LLC at (570) 209-7062 for a free consultation. You may be entitled to compensation for your loss. Our experienced Hazleton wrongful death lawyers can help you fight for the full financial award you deserve in the wake of this tragedy.
Our team brings 93 years of combined experience and a reputation for winning life-changing financial awards to the negotiating table. As award-winning Pennsylvania trial lawyers, we stand up to powerful corporations in the aftermath of injustice and help our clients win millions in settlements and jury awards.
Why Hire McDonald & MacGregor, LLC For Help With Your Wrongful Death Case in Hazleton, PA
It’s hard to know where to turn for help or who to trust when you’re grieving the unexpected death of a spouse, parent, or child. McDonald & MacGregor, LLC is known for its compassionate and caring legal representation and an impressive ability to take on tough cases and win top results.
Members of our top-rated personal injury law firm have been honored as:
- Distinguish Martindale-Hubbell litigators
- Super Lawyers
- Avvo Top Lawyers
- Best Lawyers
- The National Trial Lawyers Top 100
- Members of the National Board of Trial Advocacy
Our Hazleton personal injury attorneys know what you’re up against and the lengths to which insurance carriers will go to stop you from getting the compensation you deserve. We’re here to make sure that you’re able to exhaust all of your legal options and have the best chance at a successful case.
We offer a complimentary case review. Contact our Northeast Pennsylvania law office serving Hazleton, PA, to learn more about how we might be able to help with your wrongful death case today.
What Is a Wrongful Death Case?
A wrongful death case is a civil legal claim that can exist when a party’s death is caused by the “wrongful act or neglect or unlawful violence or negligence of another.” Typically, a person reserves the right to sue for damages when they’re injured because of another’s harmful actions or carelessness.
Under Pennsylvania’s Wrongful Death Act, the right to sue shifts from the decedent (the person who’s killed) to another party. In Pennsylvania, the personal representative of the victim’s estate files the wrongful death case. The personal representative is usually a person named in the deceased’s will or someone appointed by a judge.
If the personal representative doesn’t file a claim within six months of the decedent’s passing, the right shifts to surviving heirs – including the spouse, children, and/or parent(s).
Types of Wrongful Death Cases We Handle
Wrongful death cases can arise whenever a person’s death is the result of negligence, an unreasonably dangerous product, or an act of intentional violence.
At McDonald & MacGregor, LLC, our Pennsylvania wrongful death attorneys in Hazleton represent families in cases involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Uber and Lyft accidents
- Bus accidents
- Train accidents
- Construction accidents
- Workplace accidents
- Slip and fall accidents
- Matters of premises liability
- Dog bites
- Assault
- Sexual assault
- Negligent security
- Nursing home abuse
- Medical malpractice
- Birth injuries
- Product liability
- Boating accidents
- Aviation accidents
If you’ve recently lost someone you love because another person was negligent, don’t hesitate to call our personal injury law firm for help. We’re here to listen to your story, answer your questions, and provide key insight into the legal options that could be available to you.
If you have a case, our wrongful death lawyers can offer decades of hands-on experience and the kind of resources you’ll need to take on a powerful insurance company and win a substantial monetary award.
What Compensation Can Be Awarded in a Hazleton Wrongful Death Lawsuit?
Under Pennsylvania law, surviving heirs can receive both economic damages and non-economic damages through a wrongful death lawsuit.
This can include money for:
- Lost wages and financial support
- The value of lost household support, services, and contributions
- Loss of consortium
- Loss of guidance and companionship
- Emotional distress
- Pain and suffering
- Funeral expenses
- Medical bills incurred before death
Additional damages can be awarded through a related survival action, which is permitted when a decedent survives their fatal injuries for some period of time. These damages are intended to compensate the decedent for the costs, damages, and suffering they specifically endured between the time they were injured and ultimately succumbed to those wounds.
Punitive damages can also be permitted in some wrongful death cases. If your wrongful death claim goes to trial, a jury may decide that the defendant should be punished because their conduct was grossly negligent or malicious.
How Are Damages Allocated in a Pennsylvania Wrongful Death Case?
In Pennsylvania, wrongful death damages are distributed to eligible family members based on their individual losses resulting from the death, not according to a fixed dollar formula. These damages are meant to compensate close relatives for the financial and personal support they have lost.
Typically, wrongful death beneficiaries include the decedent’s:
- Surviving spouse
- Children
- Parents
Courts consider factors such as financial dependence, loss of services, loss of companionship, and the nature of each beneficiary’s relationship with the decedent when determining how damages should be allocated.
How Much Is My Wrongful Death Claim Worth?
It’s hard to say what your specific wrongful death case might be worth. Every situation is incredibly unique.
When calculating a potential financial recovery, it’s going to be important to consider:
- How much the decedent’s spouse, children, and/or parents relied on them for financial support
- The decedent’s income and job benefits
- The decedent’s age and life expectancy before they passed away
- Costs of the decedent’s funeral and burial
- The nature of the relationship between the decedent and their surviving heirs
- The decedent’s shared responsibility for their fatal injuries
Like other types of personal injury cases, it’s difficult to assess the real value of a loved one’s wrongful death. It’s important to bring in experts and specialists – including forensic specialists, vocational professionals, and economists – who can help to ensure that you know the true value of your wrongful death claim.
Does Pennsylvania’s Comparative Fault Rule Apply To Wrongful Death Cases?
Pennsylvania’s modified comparative negligence rule applies to most civil personal injury cases, including matters of wrongful death. Under the law, a decedent’s shared fault can impact a family’s ability to recover compensation through a wrongful death lawsuit. Damages are reduced proportionately to fault up to 50 percent.
For example, if your spouse was killed in a Hazleton car accident and assigned 15 percent of the blame for the deadly crash, your recovery in a related wrongful death claim could be reduced by 15 percent. Damages can be barred once the decedent’s shared fault is equal to or greater than 51 percent.
How Much Does It Cost To Hire a Wrongful Death Lawyer in Hazleton, PA?
Don’t stress about what it might cost to hire an attorney in the wake of your loss. When you hire McDonald & MacGregor, LLC, you’ll pay nothing out of pocket to get the legal representation you deserve. Our contingency fee representation means that our compensation is entirely dependent on the results of your wrongful death case. If we don’t win, you pay nothing.
When we win, our fees are deducted as a percentage of the settlement we’ve negotiated or the verdict we’ve won for your family at trial.
What Is the Statute of Limitations for Wrongful Death Lawsuits in Pennsylvania?
Pennsylvania has a two-year statute of limitations that applies to most wrongful death lawsuits. This gives you two years from the date your loved one passes away to seek damages for your financial losses and harder-to-value struggles.
Missing the filing deadline cannot be an option. Once the statute of limitations has run, you’ll have given up the opportunity to demand accountability from those responsible for your devastating loss.
Schedule a Free Consultation With an Experienced Hazleton Wrongful Death Lawyer
Contact McDonald & MacGregor, LLC today if you’re grieving the death of a family member because of an accident in Hazleton, PA. You shouldn’t have to navigate this loss on your own, let alone deal with the financial consequences you’ve been dealt.
We’re recognized as leaders in civil litigation because we fight passionately for our clients and don’t rest until they’ve been made whole. Our case results speak for themselves, with millions of dollars in monetary awards recovered.
Discover the impact we can have on your family’s wrongful death case by contacting our Pennsylvania law office. Your first case review with a Hazleton wrongful death lawyer is free.
