Was your loved one killed in a tragic accident in Scranton, Pennsylvania, or the surrounding areas? You could be entitled to financial compensation from the at-fault party. Although money won’t bring back your loved one, it can offer a sense of justice and financial security.
You don’t have to face this difficult time alone. Our Scranton wrongful death attorneys are here to support you and fight for the compensation your family deserves. Call McDonald & MacGregor, LLC today at (570) 209-7062 to schedule a free consultation with a Scranton wrongful death lawyer.
Why Hire McDonald & MacGregor, LLC After a Wrongful Death Case in Scranton, PA?
Losing a loved one due to another party’s negligence is devastating, and navigating the complexities of a wrongful death case can feel overwhelming. With 93 years of combined experience, McDonald & MacGregor, LLC is the trusted choice for families in Scranton, PA, seeking justice and financial recovery after such a tragic event.
Our firm has a proven track record, having successfully recovered millions of dollars for clients in wrongful death cases. Our extensive experience ensures that we understand the nuances of Pennsylvania law and are well-equipped to guide families through the legal process, while tirelessly working to secure the compensation they deserve.
Reach out today for a free consultation with a Scranton personal injury lawyer.
What Constitutes a Wrongful Death Under Pennsylvania Law?
In Pennsylvania, a wrongful death is defined as a death caused by the “wrongful act or neglect or unlawful violence or negligence of another.” If your loved one could have filed a personal injury lawsuit had they survived, their surviving family or estate can pursue a wrongful death claim.
These claims are handled in civil court and are distinct from any criminal proceedings regarding the incident. You can also file a civil wrongful death lawsuit even if no criminal charges were filed or if the defendant was acquitted in criminal court.
Who Can File a Wrongful Death Lawsuit in Pennsylvania?
Under Pennsylvania law, a wrongful death lawsuit must be filed by the personal representative (executor or administrator) of the deceased person’s estate. This individual is typically named in the decedent’s will. If no will exists, the court will appoint an administrator.
Although the personal representative files the lawsuit, any damages recovered are for the benefit of the decedent’s beneficiaries, specifically the following surviving relatives:
- The spouse of the deceased
- Children (including adult or minor children)
- Parents of the deceased (particularly in cases where there is no spouse or children)
If the personal representative does not file the lawsuit within six months of the date of death, any of the beneficiaries eligible to recover damages may initiate the lawsuit themselves. Our firm can help you determine who is eligible to pursue the case and ensure the proper procedures are followed.
What Is My Pennsylvania Wrongful Death Claim Worth?
There is no easy answer to how much a wrongful death claim is worth. Every case is unique and depends on the facts surrounding the loss.
However, several key factors can influence the value of your case:
- The decedent’s age, health, and life expectancy
- Their earning capacity and employment benefits
- Funeral and burial costs
- Medical expenses prior to death
- The emotional and financial impact on surviving family members
- The degree of negligence or recklessness involved
Expert analysis is often needed to assess the value of wrongful death claims. At McDonald & MacGregor, LLC, we work closely with economists, vocational experts, and forensic professionals to accurately calculate your family’s economic and non-economic damages. Our goal is to ensure that your compensation reflects the full impact of your loss.
What Does It Cost to Pursue a Wrongful Death Case?
Most wrongful death attorneys work on a contingency fee basis, which is designed to make legal representation accessible to everyone, including individuals experiencing financial strain due to an unexpected loss.
With a contingency fee arrangement, you don’t pay any upfront costs or retainers. Your attorney only gets paid if they win your case, and their fee is a percentage of the settlement or trial verdict (33% to 40%).
This structure allows grieving families to seek justice without taking on additional financial risk. If you’re considering a claim, it’s important to speak with an attorney early in the process to understand how fees and costs will be handled in your particular situation.
What Types of Compensation Are Available in a Pennsylvania Wrongful Death Case?
Wrongful death claims address both the tangible and intangible losses suffered by the surviving family. In Pennsylvania, these damages are generally divided into two categories: wrongful death damages and survival action damages.
Wrongful death damages are meant to compensate family members for the economic and emotional harm they experience after a loved one’s death, including:
- Funeral and burial expenses
- Medical costs related to the final injury or illness
- Loss of financial support, including lost future earnings
- Loss of household services and contributions
- Emotional suffering and loss of companionship
- Loss of guidance and care for children
Survival actions, on the other hand, are brought on behalf of the deceased’s estate. These actions seek compensation for the pain and suffering your loved one endured between the time of injury and death, as well as any lost wages during that period.
An experienced law firm can help you identify all the damages available in your case. Contact McDonald & MacGregor, LLC to learn more about the value of your claim.
What If My Loved One Was Partially at Fault for Their Accident?
Pennsylvania follows a modified comparative negligence rule. This means your family may still recover damages as long as your loved one was less than 51% at fault for the accident. However, the compensation awarded will be reduced by the percentage of fault assigned to them.
For instance, if your loved one was found 20% responsible for the circumstances leading to their death, damages would be reduced by 20%.
Insurance companies often use this rule to shift blame and limit their liability. At McDonald & MacGregor, LLC, we’ll conduct a detailed investigation and work with experts to ensure your loved one isn’t unfairly blamed for an accident that wasn’t their fault.
Common Causes of Wrongful Death in Northeastern Pennsylvania
Fatal accidents can happen under many circumstances, but some types of negligence are especially common in wrongful death cases.
We represent families who have lost loved ones due to:
- Car accidents, including drunk or distracted driving
- Commercial truck crashes and collisions involving buses or delivery vehicles
- Motorcycle and pedestrian accidents
- Medical malpractice
- Nursing home neglect or abuse
- Falls and unsafe property conditions (premises liability)
- Defective products
- Construction and workplace accidents
- Intentional acts of violence
If you suspect negligence played a role in your loved one’s death, you should consider speaking with an experienced attorney. We can help you understand your options and determine whether you have a valid wrongful death claim.
How Do You Prove Liability in a Wrongful Death Case in PA?
To succeed in a wrongful death claim in Pennsylvania, a plaintiff must establish that another party’s negligent or wrongful conduct caused the death.
This involves proving the following four elements:
- Duty of care – The defendant owed your loved one a duty of care.
- Breach of duty – The defendant breached their duty through negligence, recklessness, or intentional wrongdoing.
- Causation – The breach directly caused your loved one’s death.
- Damages – The death resulted in measurable losses to surviving family members or the estate.
Our team will help gather the evidence you need to prove all elements of your claim. We work with leading professionals across multiple disciplines to build a compelling case that shows the financial and emotional impact of your loved one’s death.
How Can a Lawyer Help With a Wrongful Death Case in Scranton, PA?
When you choose our Scranton personal injury attorneys, you will get:
- Personalized representation from an experienced attorney
- A firm with a track record of success in all types of injury cases
- Extensive resources dedicated to your claim
- No fees unless we win your case
- Top-rated negotiating skills and courtroom advocacy on your behalf
Wrongful death claims are not only about recovering compensation. They’re about honoring your loved one, holding the at-fault party accountable, and helping your family move forward with financial stability.
How Long Do I Have to File a Wrongful Death Lawsuit in Pennsylvania?
In Pennsylvania, the statute of limitations for filing a wrongful death or survival action is generally two years from the date of death. If this deadline passes without legal action, your claim will be permanently barred from court.
This timeline can move quickly, especially as families deal with grief, estate administration, and other urgent concerns. That’s why it’s so important to consult with a wrongful death lawyer as soon as possible to preserve your claim.
Contact a Scranton Wrongful Death Attorney Today for Help
At McDonald & MacGregor, LLC, we know that no settlement or verdict can undo the pain of losing someone you love. But holding negligent parties accountable can provide a sense of justice and help your family maintain financial stability in the aftermath of tragedy.
With 93 years of combined experience and millions recovered for Pennsylvania families, we believe we are the ally you want on your side during this difficult moment.
Contact our law office today to schedule a free, confidential consultation with a Scranton wrongful death attorney. We’re here to listen, support, and advocate for you and your family.
