Was someone you love recently killed in an accident in Carbondale, PA? You could have a case for compensation. Our lawyers at Marzzacco Niven & Associates are here to help. An experienced Carbondale wrongful death lawyer can help your family fight for compensation for medical expenses, funeral costs, and the absence of your loved one’s company and support.
Our lawyers have over 120 years of experience between us. We’ve earned our proven track record of success–and have helped our clients recover tens of millions of dollars in financial compensation.
We’re here to help you hold the negligent parties responsible for your loss. All you have to do is call our law offices in Carbondale, Pennsylvania, to schedule a free consultation today at (717) 995-8810.
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How Marzzacco Niven & Associates Can Help With a Wrongful Death Claim in Carbondale, PA
The loss of a loved one can change your entire world. When someone else was responsible, you deserve to hold them accountable. Filing a wrongful death lawsuit for damages can seem overwhelming, but it’s often the only way to protect your family’s financial security.
At Marzzacco Niven & Associates, we’ve been fighting for families like yours for decades. Over the years, we’ve been recognized as Super Lawyers, Best Lawyers of America, and Super Lawyers’ Rising Stars. We’ve also helped countless clients secure the compensation they need and deserve.
When you hire our law firm to protect your family, you’ll have a Carbondale personal injury lawyer to:
- Handle all paperwork and legal aspects of your case
- Investigate to determine who is legally at fault
- Evaluate your case’s worth
- Hire experts and specialists to strengthen your claim
- Negotiate with the other side on your behalf
You deserve to have a strong advocate in your corner during this difficult time. Our Carbondale personal injury attorneys are prepared to fight for you. Just call to learn more about creating an attorney-client relationship today.
How Common Are Fatal Accidents in Carbondale?
State and federal authorities publish data on certain types of fatal accidents each year.
According to the Pennsylvania Department of Transportation, three people were killed in traffic accidents every day during 2020. That’s one fatality every eight hours. Of the total, 22 fatalities were reported in Lackawanna County in 2020.
That same year, 148 Pennsylvania workers were killed in fatal work-related accidents. Thousands more die because of medical mistakes, dangerous property conditions, and fall-related accidents each year.
Do I Have a Valid Wrongful Death Lawsuit?
Personal injury laws give accident victims the right to file a lawsuit to seek compensation for their losses. In fatal accident cases, victims can’t fight for themselves. Instead, their survivors are entitled to file a wrongful death lawsuit.
So, you may have a valid wrongful death lawsuit if your loved one would have had a personal injury case. Under Pennsylvania wrongful death laws, you can sue for damages if your loved one died because of someone else’s wrongful act, neglect, unlawful violence, or negligence.
The following parties have the right to file a wrongful death lawsuit:
- A surviving spouse
- The victim’s children
- The victim’s surviving parents
If none of these survivors exist, the decedent’s personal representative can file the lawsuit. In the end, any compensation recovered is distributed according to the deceased’s will or state intestacy laws.
What Is My Carbondale Wrongful Death Case Worth?
In most wrongful death cases, fighting for financial compensation is the only way to get justice. That’s because most wrongful deaths happen because of accidents. Before you can get justice, you deserve to know how much your case is worth. Otherwise, you risk taking a lowball settlement.
Putting a dollar value on life is incredibly difficult. However, there are specific factors that are important in determining how much your wrongful death case is worth.
These factors include:
- Your loved one’s age as well as life expectancy
- Your loved one’s past earnings, work history, and education
- The identity and age of any surviving dependents and children
- Medical bills and other out-of-pocket expenses
- The nature of the at-fault party’s actions
- Whether liability has been clearly established
- Whether your loved one shared any blame for the accident
The insurance company may seem sympathetic to your pain and trauma. It’s important to remember that their primary goal is to pay less than you deserve. Our lawyers are here to protect your interests. Just give us a quick call to learn more today.
What Types of Damages Are to Victims in a Wrongful Death Case?
Losing a family member can be a shock on all fronts. You shouldn’t have to worry about money while you grieve. Our Carbondale wrongful death attorneys at Marzzacco Niven & Associates are here to fight for the maximum compensation you deserve.
While every case is different, many surviving families are entitled to compensation for:
- Your loved one’s medical expenses
- Lost wages and financial support
- The value of lost household services
- Funeral expenses
- The loss of your loved one’s company and guidance (loss of consortium)
- Pain and suffering
- Burial costs
- Workers’ compensation benefits if the injury claim was work-related
There are also cases where punitive damages may be available. However, Pennsylvania courts only award punitive damages when the at-fault party’s actions were intentional or especially abhorrent.
Do you have questions about your right to seek compensation after the loss of a loved one? Call our law firm to schedule a free case review today.
Can I Recover Damages If My Loved One is Being Blamed for a Fatal Accident in Pennsylvania?
Insurance companies and responsible parties often blame victims for causing their own injuries. If they succeed, your right to compensation could be jeopardized. The same concepts apply in wrongful death cases.
Pennsylvania has modified comparative negligence laws. If the other side proves that your loved one was more than 50% responsible for their own death, you’ll lose your right to compensation. On the other hand, if your loved one was less than 51% liable, your compensation will be reduced proportionately to their percentage of fault.
Finger-pointing tactics are common in wrongful death cases. The victim isn’t here to defend themselves. It’s important to stand up and fight back–or risk letting the at-fault parties off the hook for damages.
What Causes Most Fatal Accidents in Carbondale, Pennsylvania?
Wrongful death can happen under any number of circumstances. Many wrongful death claims involve motor vehicle accidents and other types of accidental deaths.
Our wrongful death lawyers in Carbondale often represent clients in wrongful death cases involving:
- Car accidents
- Medical malpractice
- Truck accidents
- Slip and fall accidents
- Construction accidents
- Defective products
- Workplace accidents
- Motorcycle accidents
- Bus accidents
- Dog bites
- Negligent security and premises liability
- Bicycle accidents
- Nursing home abuse
- Uber or Lyft accidents
- Intentional criminal acts and violence
- Pedestrian accidents
Most of these accidents are preventable. To learn more about your legal rights, call for a free case evaluation today.
How Do I Prove Negligence After a Fatal Accident in Pennsylvania?
To recover damages in a wrongful death action, you must prove that someone else was responsible for your loved one’s death. Most of the time that means proving negligence.
There are four key elements to a successful negligence lawsuit:
- The responsible party owed your loved one a duty of care
- They breached the duty of care
- The breach of duty was the direct cause of your loved one’s death
- Your family suffered damages
You may not have the proof necessary to establish liability. That’s where our lawyers can help. We’ll conduct a thorough investigation into your loved one’s death.
That means we’ll investigate to locate things like:
- Police reports
- Medical records
- Eyewitnesses
- Video footage
- Records of past safety violations
- Photos of the accident scene
- Property maintenance records
- Cell phone records
- And more
The types of evidence you’ll need can vary depending on the circumstances of your loved one’s death. Because our lawyers have decades of experience, we know the types of evidence you’ll need to prove your case. To learn more about how we can help your family establish liability, call for a free initial consultation today.
How Long Do I Have to File a Lawsuit After a Fatal Accident in Pennsylvania?
Under Pennsylvania law, the statute of limitations in wrongful death cases is two years. If your family doesn’t take legal action within the two-year window, you’ll forfeit your right to compensation. However, that two-year clock doesn’t start to run until the date of your loved one’s death (not the date of the accident).
Contact a Carbondale Wrongful Death Lawyer for a Free Consultation
The future may seem uncertain after the death of a loved one. Our lawyers are ready to help protect your family’s interests. To learn more, call Marzzacco Niven & Associates to speak with a Carbondale wrongful death lawyer today.