Wilkes-Barre Wrongful Death Lawyers
Serving Wilkes-Barre, Scranton, Hazleton and all of Luzerne & Lackawanna Counties, plus Harrisburg. Free consultation — no fee unless we win.
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Wrongful Death Lawyers Serving Wilkes-Barre, Scranton & Northeastern Pennsylvania
The unexpected loss of a loved one is always devastating. When that loss happens in Wilkes-Barre, Scranton, or anywhere in Luzerne, Lackawanna or Dauphin County because of someone else's negligence, Pennsylvania law allows the family to seek compensation through a wrongful death claim and a survival action. PennDOT counted 416 traffic deaths in these three counties from 2020 through 2024; workplace accidents, medical errors, and nursing home neglect account for many more.
PA Attorney Source is a Wilkes-Barre firm. Our wrongful death attorneys represent families across Luzerne and Lackawanna Counties and in Harrisburg, and every inquiry is reviewed by a licensed Pennsylvania attorney. No amount of money replaces the person you lost, but a claim can secure your family's future and hold the responsible party accountable.
We handle the parts of the process families rarely expect: opening the estate with the Register of Wills, having a personal representative appointed, and obtaining the court approval Pennsylvania requires before a wrongful death or survival settlement is paid out.
We're Here for You
- No Fee Unless We Win.
- 24/7 Legal Support.
- Compassionate Representation.
- Experienced in Wrongful Death Law.
Key Facts About Wrongful Death Cases
Legal Definition:
Any death caused by the "wrongful act, neglect, or unlawful violence" of another person or entity, as defined by statute.
Who Can File:
The personal representative of the deceased's estate, primarily for the benefit of the spouse, children, or parents. The representative is appointed by the Register of Wills of the county where your loved one lived — Luzerne or Lackawanna County for most of our clients.
Statute of Limitations:
Claims must generally be filed within two years of the date of death. It is crucial to act promptly.
Fatal Crashes in Our Counties: By the Numbers
163
Traffic deaths in Luzerne County, 2020–2024 (18 in 2024)
101
Traffic deaths in Lackawanna County, 2020–2024 (20 in 2024)
152
Traffic deaths in Dauphin County, 2020–2024 (26 in 2024)
Source: PennDOT, 2024 Pennsylvania Crash Facts & Statistics. County death counts swing year to year, which is why the five-year total is the more honest measure. See our county crash statistics page for the full tables.
Pennsylvania Wrongful Death Laws Explained
Wrongful Death and Survival Actions
Pennsylvania wrongful death law outlines two distinct but related claims that may arise following a death caused by negligence. Understanding both matters:
Wrongful Death Action (42 Pa. C.S. § 8301)
This claim is brought by the personal representative of the deceased's estate on behalf of the beneficiaries (spouse, children, parents) who suffered losses due to the death.
Compensation includes expenses incurred (medical, funeral), lost support, services, and guidance the deceased would have provided to family members. We work with economists to quantify these losses.
Survival Action (42 Pa. C.S. § 8302)
This claim represents the personal injury claim the deceased would have had if they had survived. We pursue the survival action alongside the wrongful death claim.
Compensation includes the deceased's pain and suffering before death, lost wages from the time of injury until death, and the deceased's lifetime earning capacity.
Who Can File a Wrongful Death Claim
Under Pennsylvania law, the personal representative of the deceased's estate must file the wrongful death claim. However, the damages recovered are distributed to eligible beneficiaries according to the following hierarchy. The hierarchy:
- Spouse and Children: If the deceased person was married and/or had children, the compensation is distributed among them.
- Parents: If there is no surviving spouse or children, the parents of the deceased may receive compensation.
- Other Dependents: In limited circumstances, other dependents who relied on the deceased for support may be eligible.
If the personal representative does not file a wrongful death claim within six months of the death, any beneficiary entitled to recover damages may file the claim on behalf of all beneficiaries. The representative is appointed through the Register of Wills of the county where your loved one lived.
Pennsylvania Wrongful Death Statute of Limitations
Important: The statute of limitations for wrongful death claims is two years from the date of death. Suit is filed in the Court of Common Pleas — Luzerne, Lackawanna or Dauphin County for most of our clients — and the estate must be opened first, so do not wait.
Missing this deadline will likely result in your case being dismissed, regardless of its merit. However, there are limited exceptions that may extend this timeframe:
- Discovery Rule: In rare cases where the cause of death wasn't immediately known (e.g., certain types of medical malpractice), the statute may begin when the cause was reasonably discoverable.
- Fraudulent Concealment: If the responsible party concealed their role in causing the death, the time limit may be extended.
- Minor Children: Special rules may apply when the beneficiaries are minors, potentially tolling the statute of limitations.
Recoverable Damages in Wrongful Death Cases
Pennsylvania law allows for various types of compensation in wrongful death and survival actions. We make sure every applicable category of damages is considered when building the case, whether it is filed in Luzerne, Lackawanna or Dauphin County.
Economic Damages
- Medical expenses incurred prior to death.
- Funeral and burial expenses.
- Lost income, wages, and benefits the deceased would have earned.
- Loss of future earning capacity.
- Value of household services the deceased provided (e.g., childcare, home maintenance).
Non-Economic Damages
- Loss of companionship, comfort, and consortium for a surviving spouse.
- Loss of guidance, tutelage, and moral support for surviving children.
- Grief, sorrow, and emotional suffering of the beneficiaries.
- Loss of love, affection, and society.
- Pain and suffering experienced by the deceased before death (recoverable in a survival action).
Punitive Damages (in some cases)
In cases involving extreme negligence, recklessness, or intentional misconduct, punitive damages may be available. These damages are designed to:
- Punish particularly egregious or outrageous conduct.
- Deter similar harmful behavior in the future by others.
- Address cases of gross negligence or willful misconduct.
Common Causes of Wrongful Death
Wrongful death claims arise from many kinds of negligence. If you believe a loved one's death was preventable, call us. Common causes include:
Motor Vehicle Accidents
Car crashes, tractor-trailer collisions on I-81 and I-80, motorcycle crashes, and pedestrian fatalities caused by negligent driving, drunk driving, or trucking-regulation violations. PennDOT recorded 18 traffic deaths in Luzerne County and 20 in Lackawanna County in 2024.
Medical Malpractice
Deaths resulting from surgical errors, misdiagnosis, delayed diagnosis, medication errors, birth injuries, or other healthcare provider negligence. We investigate fatal medical errors, including those at the region's hospitals.
Workplace Accidents
Fatal incidents at construction sites, industrial facilities, or other workplaces due to safety violations, equipment failures, or inadequate training. We represent families after fatal workplace accidents, including in the warehouse and logistics parks along I-81 and on construction sites.
Defective Products
Deaths caused by dangerous or defective consumer products, medical devices, vehicle components, or medications. Holding manufacturers accountable is key in these product liability claims.
Premises Liability
Fatal accidents occurring on someone else's property due to unsafe conditions, inadequate security, or failure to maintain the premises (e.g., slip and fall, drowning). Property owner negligence can lead to preventable deaths.
Nursing Home Neglect
Deaths resulting from substandard care, neglect, abuse, medication errors, or failure to address medical needs in elder care facilities. We fight for justice for victims of nursing home negligence.
The Wrongful Death Claim Process
Pursuing a wrongful death claim is complex and emotionally hard. Our lawyers guide you through each step with compassion and care. Here is how a claim proceeds:
Initial Consultation
We meet with you to understand the circumstances of your loved one's death, assess the potential claim, and answer your questions about your rights and options.
There is no fee for this consultation, and it creates no obligation to proceed.
Thorough Investigation of the Fatal Incident
Our team conducts a meticulous investigation into the incident that led to the death, gathering crucial evidence such as accident reports, medical records, witness statements, and expert opinions from specialists.
We identify all potentially liable parties and applicable insurance coverage.
Case Filing and Legal Formalities
We prepare and file all necessary legal documents to initiate the lawsuit within the statute of limitations.
This includes opening the estate with the Register of Wills and having a personal representative appointed, and — at the end of the case — obtaining the court approval Pennsylvania requires for wrongful death and survival settlements.
Discovery Process: Building Your Case
During discovery, both sides exchange information through written questions (interrogatories), requests for documents, and depositions (sworn testimonies under oath).
We work with medical, economic, and accident reconstruction experts as needed to build a strong, evidence-based case.
Negotiation for a Fair Settlement
We negotiate assertively with the responsible parties and their insurance companies to seek a fair and just settlement that reflects the full extent of your losses.
We keep you informed throughout this process and never accept a settlement without your explicit approval.
Trial Representation (If Necessary)
While many wrongful death cases are settled out of court, if a fair settlement cannot be reached we are prepared to take your case to trial.
We present the case to a judge and jury in the Luzerne, Lackawanna or Dauphin County Court of Common Pleas.
Resolution and Distribution of Compensation
Upon resolution, whether by settlement or verdict, the compensation is distributed to eligible beneficiaries according to the intestate succession rules.
We guide you through any probate or estate administration procedures that may be required, ensuring a smooth conclusion to the legal process.
Why Choose Our Wrongful Death Lawyers
When you are facing the loss of a family member because of someone else's negligence, choosing the right legal representation matters.
Experienced Advocacy
Handling wrongful death and survival actions in the Luzerne, Lackawanna and Dauphin County courts, our attorneys know the procedure — from the Register of Wills to court approval of the settlement — and the law that governs each step.
Compassionate Support for Families
We understand the profound emotional impact of losing a loved one. Our team provides compassionate guidance and grief support resources after a wrongful death, handling the legal aspects with sensitivity and respect for your family during this difficult time.
Personal Attention to Your Case
You will work directly with attorneys who take the time to understand your unique situation, answer your questions, and tailor their legal strategy to your family's needs and goals.
No Fee Unless We Win
We handle wrongful death claims on a contingency fee basis. This means you pay no upfront costs or attorney fees, and we only collect a fee if we successfully recover compensation for you. This allows you to pursue justice without financial burden.
24/7 Availability
We're available around the clock to address your urgent concerns and provide the support you need during this challenging time. Prompt action can be vital: evidence from a crash or a workplace disappears quickly.
FAQs: Wrongful Death Claims in Pennsylvania
In Pennsylvania, wrongful death and survival claims must be filed within two years from the date of death. There are limited exceptions. Because the estate must be opened and a personal representative appointed before suit is filed in the Court of Common Pleas — Luzerne, Lackawanna or Dauphin County for most of our clients — consult a lawyer well before the deadline.
Under Pennsylvania law, the personal representative of the deceased person's estate files the wrongful death claim on behalf of the beneficiaries. The representative is appointed by the Register of Wills of the county where your loved one lived. If the personal representative does not file within six months of the death, any beneficiary entitled to recover damages may file the action on behalf of all beneficiaries. We help families establish the representative.
A wrongful death claim seeks compensation for the losses suffered by the family members because of the death, such as lost financial support, services, and companionship. A survival action is the personal injury claim the deceased could have brought had they survived; it seeks damages for the deceased's pain and suffering before death, lost earnings from injury to death, and loss of future earning capacity. The two are almost always pursued together.
Wrongful death settlements and court awards are distributed to the beneficiaries under the intestate succession rules (the rules for inheritance without a will), regardless of whether the deceased had a will. Typically the primary beneficiaries are the spouse, children, and parents of the deceased. The court must approve the allocation between the wrongful death and survival claims before the money is paid. An attorney can explain how this applies to your family.
The value of a wrongful death case varies significantly depending on the deceased's age, health, and earning capacity, the number of dependents and their level of financial reliance, the circumstances of the death and how clear the negligence is, the available insurance coverage, and the extent of economic and non-economic damages. We can give a more specific evaluation after reviewing the facts of your case.
Under the "modified comparative negligence" rule (the 51% bar), compensation may still be available even if the deceased was partially at fault, as long as their share of responsibility was not more than 50%. The recovery is reduced by the percentage of fault attributed to the deceased. We assess how this rule applies to the evidence in your case.
Our Office
Wilkes-Barre
220 S River St.
Wilkes-Barre, PA 18705
(877) 888-4777 — serving Luzerne, Lackawanna and Dauphin Counties
Email: team@paattorneysource.com
Hours
Hours: Available 24/7
Emergency Availability for Wrongful Death Cases
Our wrongful death attorneys are available 24/7 for emergency consultations. After a recent death, prompt legal guidance can be critical for preserving evidence — crash scenes, vehicle data, workplace records, and hospital charts — and protecting your family's rights.
Get Compassionate Legal Support from a Wilkes-Barre Wrongful Death Lawyer
During this incredibly difficult time, let our wrongful death attorneys handle the legal case while you focus on your family. We serve families in Wilkes-Barre, Scranton, Hazleton, Harrisburg and the surrounding counties.
Request a Free Consultation
Our wrongful death attorneys are standing by to review your case and explain your legal options. Don't wait - the sooner we can start investigating your accident, the stronger your case will be.
Areas We Serve
Our office is in Wilkes-Barre. We represent injured people across the Wyoming Valley and Scranton area, and in Harrisburg and Dauphin County:
Luzerne County
- Wilkes-Barre
- Hazleton
- Kingston
- Pittston
- Nanticoke · Plymouth · Mountain Top
- All Luzerne County Locations
Lackawanna County
- Scranton
- Dunmore · Carbondale · Clarks Summit · Dickson City
- All Lackawanna County Locations
Dauphin County
- Harrisburg
- Hershey · Middletown · Colonial Park
- All Dauphin County Locations
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Reviewed by
Joseph J. Mashinski, Esq.
— Managing Attorney, PA Attorney Source. Pennsylvania attorney since 2005 (PA ID 201414), Penn State Dickinson Law. Joseph reviews every case inquiry that comes to the firm.