Are you grieving the sudden death of someone you love because of a recent incident in Wilkes-Barre, PA? Your family may be entitled to compensation. Call McDonald & MacGregor, LLC, at (570) 209-7062 for a free consultation. Our respected Wilkes-Barre wrongful death lawyers can help you fight for the outcome you deserve.
We offer powerful, personalized legal representation to grieving families in Eastern Pennsylvania. As aggressive trial attorneys with over 93 years of combined experience litigating high-value personal injury disputes, we’ve helped our clients win tens of millions of dollars in the wake of personal tragedies. Now, our top-rated litigators are ready to stand up and seek justice for your family, too.
Why Choose McDonald & MacGregor After the Wrongful Death of a Loved One in Wilkes-Barre, PA
At McDonald & MacGregor, our Wilkes-Barre personal injury lawyers are trusted by grieving families in Pennsylvania because we’re compassionate, dependable, and fierce legal advocates with a multi-million dollar track record of success.
We offer the strength, guidance, support, and winning legal strategies you’ll need to rebuild your life and move forward after your devastating loss.
Members of our top-rated legal team are also recognized by:
- Martindale-Hubbell
- Best Lawyers
- Super Lawyers
- The National Trial Lawyers Top 100
The at-fault party’s insurance company might seem sympathetic, but it won’t go out of its way to help your family navigate this difficult time. In fact, adjusters will actively do whatever they can to deny your claim or convince you to settle for much less than your wrongful death case is worth. In a time of pain and uncertainty, know that you can count on our Wilkes-Barre wrongful death attorneys to stand beside you and fight for every cent you deserve.
Contact our law office near Wilkes-Barre, Pennsylvania, to arrange a free consultation.
How Does Pennsylvania Define Wrongful Death?
Pursuant to 42 PA Cons Stat Section 8301, Pennsylvania defines wrongful death as a “death of an individual caused by the wrongful act or neglect or unlawful violence or negligence of another.”
Under the Pennsylvania Wrongful Death Act, the personal representative of the decedent’s estate can file a legal claim for damages to benefit certain surviving heirs, including the:
- Spouse
- Child(ren)
- Parent(s)
Although the personal representative files the claim, any compensation recovered is intended to benefit eligible surviving family members, including spouses, children, and parents. Any damages recovered through the wrongful death lawsuit are distributed to these heirs in accordance with Pennsylvania state law.
Do I Have a Wrongful Death Case?
You may have the right to benefit from a wrongful death lawsuit if you’ve recently suffered the death of a spouse, parent, or child in an accident, because of an unsafe product, or as the result of an act of criminal violence in Wilkes-Barre, Pennsylvania.
At McDonald & MacGregor, we represent families who’ve lost loved ones in fatal accidents and incidents involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Uber and Lyft rideshare accidents
- Bus accidents
- Slip and fall accidents
- Medical malpractice
- Birth injuries
If you believe that your family member’s death could have been avoided, don’t hesitate to reach out to our knowledgeable legal team for help. Our wrongful death lawyers in Wilkes-Barre, PA, can answer your questions, help you understand your legal rights and options, and offer helpful insight into how we could help your family maximize a financial recovery.
What Could My Wrongful Death Lawsuit Be Worth?
Many factors should be considered when determining how much money you could potentially recover through a wrongful death case, including:
- What was your relationship with the decedent?
- What other close family members have also survived the decedent?
- What was the decedent’s income before passing?
- Did you rely on the decedent for financial support?
- What role did the descendant play in maintaining the household and/or raising a family?
- How old was the decedent at the time of their death?
- What was the decedent’s life expectancy before their premature passing?
- How has the decedent’s death affected your day-to-day life?
- Is your loved one being blamed for their fatal accident or injuries?
Wrongful death compensation depends on your relationship with the deceased, their financial support, and the impact of the loss.
While valuation can be challenging in any type of personal injury case, it’s particularly difficult in matters of wrongful death. Getting it right often requires input from experts and specialists, as well as first-hand experience dealing with these complex issues. Don’t leave anything up to chance or trust the insurance company to value your damages fairly. Instead, set yourself up for the best possible outcome by hiring one of our experienced Wilkes-Barre wrongful death lawyers.
What Damages Can Be Awarded in a Pennsylvania Wrongful Death Case?
Pennsylvania permits the plaintiff in a wrongful death case to request two types of compensatory awards: economic damages and non-economic damages.
Economic Damages
Economic damages are awarded to help surviving family members deal with the objective financial consequences of a loved one’s wrongful death, including:
- Lost financial support, including wages, job benefits, retirement benefits, and business interests
- Lost household services
- Funeral expenses
- Medical bills incurred before death
- Estate management fees
These losses are often supported by bills and receipts.
Non-Economic Damages
Non-economic damages are awarded to help surviving spouses, parents, and/or children deal with harder-to-value struggles in the wake of a devastating loss.
These can include money for:
- Loss of society, comfort, care, and companionship
- Loss of consortium
- Loss of parental guidance
Additional compensation can potentially be awarded to account for the decedent’s suffering and hardships through a related survival action. However, a survival action is only permitted when the decedent survived their injuries for some period of time before passing away.
Punitive damages may also be awarded on a case-by-case basis at trial if there is clear and convincing evidence of malice or gross negligence.
How Much Does It Cost to Hire a Wilkes-Barre Wrongful Death Attorney?
Losing someone you love can cause significant financial stress and hardship. Hiring an experienced wrongful death attorney in Wilkes-Barre, PA, shouldn’t make things more difficult. That’s why we offer contingent-based legal services.
You won’t pay anything until we’ve won compensation for your family’s wrongful death case.
Our fees are deducted directly from the financial awards we recover. So, if we win your family’s wrongful death case, we will get paid from the settlement or jury award. If we don’t win, you will pay nothing for our legal services.
It’s a no-risk way of getting high-quality, aggressive legal advocates in your corner in the wake of a tragic loss.
How Could Pennsylvania’s Modified Comparative Negligence Rule Affect My Wrongful Death Settlement?
Shared fault can be an aggravating factor in Pennsylvania wrongful death cases. Under Pennsylvania’s modified comparative negligence rule, a decedent’s shared responsibility for an accident in which they’re injured limits their ability to recover compensation from other liable parties. Damages are reduced proportionately to fault up to 50 percent. When a decedent’s liability is greater than all other parties combined, the right to recover damages can be lost.
The rule applies to wrongful death cases. In these situations, the decedent’s shared responsibility is taken into account.
If your loved one was killed in a fatal traffic accident in Wilkes-Barre, any degree of blame assigned will affect a related wrongful death claim. If they’re 30 percent to blame, damages in that wrongful death case would be reduced by 30 percent. If they’re 60 percent at fault, the family loses the ability to sue other third parties for damages.
How Long Do I Have to File a Wrongful Death Lawsuit in Pennsylvania?
Pennsylvania gives families two years to initiate a wrongful death lawsuit after a loved one’s passing.
The two-year statute of limitations begins to run on a decedent’s date of death, which could be later than the date they were fatally injured.
If you miss the filing deadline, you will likely miss out on the opportunity to recover compensation from a negligent motorist, an employer, a manufacturer, an insurance company, or another responsible party.
Schedule a Free Consultation With an Experienced Wilkes-Barre Wrongful Death Lawyer
McDonald & MacGregor can help if you’ve recently suffered the devastating and avoidable death of a loved one in an accident in Wilkes-Barre, PA.
Our Wilkes-Barre wrongful death attorneys know you’re grieving an unimaginable loss. We’re here to help you stand up to those responsible and demand financial justice.
We’ve helped clients recover tens of millions of dollars in personal injury damages. Now, we’re ready to fight for your family’s best interests, too. Reach out to our law office today for a free case review.
