Wrongful Death Lawyer in Luzerne County, PA

Losing someone you love because of another person's carelessness is devastating. Legal questions are the last thing most families want to think about, but some of them have deadlines. Joyce, Carmody & Moran is a Pittston law firm that helps families in Pittston, Wilkes-Barre and across Luzerne County understand their rights after a fatal accident, at a pace that respects what they're going through.

Two kinds of claims in Pennsylvania

Pennsylvania law allows two related claims after a death caused by negligence. They're usually brought together.

Wrongful death action. This claim is for the losses the family suffers because of the death. It can include funeral and burial expenses, medical bills from the final injury, and the value of the financial support, services, guidance and companionship the person would have provided.

Survival action. This claim continues the case the person could have brought if they had lived. It can include their pain and suffering before death and the earnings they would have made over their lifetime, minus personal living expenses. Money recovered in a survival action becomes part of the person's estate.

Our guide to wrongful death vs. survival actions explains the difference in more detail.

Who can bring the claim

In Pennsylvania, the claim is generally filed by the personal representative of the person's estate (the executor or administrator). The wrongful death recovery is for the benefit of certain family members: a spouse, children and parents. If no personal representative files within six months of the death, a family member who would benefit may be able to file instead. See wrongful death claims in Pennsylvania.

Situations we help families with

• Fatal car, truck and motorcycle crashes, including on I-81 and Route 309

• Pedestrian and bicycle deaths. See pedestrian and bicycle accidents.

• Crashes caused by drunk drivers, including claims against bars that over-served them. See dram shop liability.

• Deaths connected to nursing home neglect. See nursing home neglect.

• Fatal workplace incidents involving a third party

• Deaths caused by defective products

Deadlines

Wrongful death and survival claims in Pennsylvania generally must be filed within two years of the date of death. Claims against a government entity usually require written notice within six months. Estate paperwork also takes time, so it helps to start early. See the statute of limitations guide.

How we work with families

• We explain the process in plain language and answer questions as they come up.

• We coordinate with the estate's representative and the family's other advisors.

• We handle communication with insurance companies so the family doesn't have to.

• We investigate what happened, including police reports, medical records and, where relevant, vehicle or company records.

What it costs to talk to us

Wrongful death cases are typically handled on a contingent-fee basis: the attorney's fee comes from a recovery, and if there is no recovery there is no attorney's fee. Clients may still be responsible for certain case costs depending on the outcome and the written fee agreement, which we explain before you sign. See how much a personal injury lawyer costs.

Where we help

We help families in Pittston, Wilkes-Barre, Kingston, Hazleton, the Back Mountain, Scranton and throughout Luzerne and Lackawanna counties. See all areas we serve.

When you're ready, we're here. Call our Pittston office at 570-602-3560 or request a free consultation. There's no cost for the first conversation and no obligation.