You may have the right to file a wrongful death lawsuit and demand compensation if a family member has been killed in a fatal accident. The Chambersburg wrongful death lawyers at Marzzacco Niven & Associates will fight to get the financial justice you deserve.
Our attorneys have helped families like yours navigate the trauma of losing a loved one in a fatal accident since 2008. And, we’ve helped them win millions of dollars in compensation in the process.
Force insurance companies to take your wrongful death action seriously. Hire Marzzacco Niven & Associates and level the playing field. Contact our law offices in Chambersburg, Pennsylvania to learn more. We offer a free consultation and are standing by to take your call today at (717) 388-2378.
How Marzzacco Niven & Associates Can Help You After a Fatal Accident in Chambersburg, PA
It’s never easy losing someone you love. When your loss is unexpected – and avoidable – it can make a tough situation even worse. By filing a wrongful death lawsuit, you can force those responsible for your tragic loss to take accountability.
You shouldn’t have to deal with the complexities of a lawsuit on your own right now. And you’re more likely to win your case – and maximize your recovery – if you hire a Chambersburg personal injury attorney.
At Marzzacco Niven & Associates, we put over 120 combined years of experience to work for the benefit of our clients every day. We’re award-winning, top-rated attorneys with a demonstrated ability to win the toughest cases. We’ve won millions of dollars in settlements and verdicts for our clients, and we’re ready to fight to get the results you deserve, too.
Choose our law firm in Chambersburg, PA for help, and we’ll:
- Take care of your fight for compensation so that you can focus on grieving your unimaginable loss
- Investigate the circumstances surrounding the fatal accident to determine why it happened, how it could have been avoided, and who’s to blame
- Seek damages from all responsible parties
- Coordinate with experts to ensure that we’re working with all of the information we need to win your case
- Negotiate to get you the best possible settlement deal
- Have an accomplished trial attorney bring your case to a jury, if necessary
You deserve time to cope with your loss. Give yourself that opportunity by trusting our local wrongful death attorneys in Chambersburg, PA with your case. Call to get started now.
We Handle All Wrongful Death Cases in Chambersburg, PA
Wrongful death occurs when a victim dies due to another person’s negligence, wrongful act, neglect, or unlawful violence.
This means that any accident or act of negligence resulting in death could lead to a wrongful death case.
At Marzzacco Niven & Associates, our law firm handles all wrongful death matters, including those arising from:
- Car accidents
- Truck accidents
- Bicycle accidents
- Pedestrian accidents
- Motorcycle accidents
- Slip and fall accidents
- Dog bites
- Negligent security
- Premises liability
- Defective products
- Construction accidents
- Workplace accidents
- Medical malpractice
- Nursing home abuse and neglect, and more.
If you’ve lost a family member in a fatal accident and want to learn more about your rights, don’t hesitate to contact us. We offer a free, no-obligation case evaluation and are happy to help you discover what legal options might be available.
Who Can File a Wrongful Death Lawsuit in Pennsylvania?
The right to file a lawsuit doesn’t disappear just because a victim dies. Instead, it transfers to certain surviving family members.
Under Pennsylvania law, a wrongful death lawsuit can be filed by a victim’s:
- Child(ren), or
If there is no surviving spouse, child, or parent, then the right to file a lawsuit moves to the victim’s estate. Then, any damages are allocated to the victim’s heirs, as directed by their will or probate.
How Much is a Wrongful Death Case Worth?
The value will depend on many different factors, like:
- How old the victim was when they died
- The type of job or earning potential they had
- How much they supported surviving family members financially
- How close the victim and surviving family members were
- The emotional and psychological impact of the victim’s death on surviving family members
Every situation is unique. It will be important to work with a personal injury lawyer serving Chambersburg, Pennsylvania that understands the complexities of these types of cases.
The more information your lawyer has – and the more familiar they are with the intricacies of valuing damages in wrongful death cases – the more likely it becomes that you’ll get all of the money you deserve.
What Damages Are Available to Families in Chambersburg Wrongful Death Cases?
It’s important to keep in mind that two different types of legal claims can arise after fatal accidents in Pennsylvania: survival actions and wrongful death actions.
The types of damages that can be awarded depend on the type of lawsuit that’s filed.
Survival actions are applicable when the victim survives their injuries for a period of time after their accident. It doesn’t matter if they survive for an hour or for three months – their estate still reserves the right to pursue damages in a survival action.
The damages in a survival action focus on the victim and what they experienced in the time they survived their fatal injuries.
This can include the victim’s:
- Medical expenses
- Lost wages, and
- Pain and suffering.
Damages are awarded to the victim’s estate and distributed to their beneficiaries.
Wrongful Death Lawsuits
Wrongful death cases, on the other hand, focus on the victim’s surviving family members and how the fatal accident has affected them.
Damages awarded in wrongful death actions reflect that.
Compensation can be available for the family’s:
- Loss of financial support and benefits
- Loss of inheritance
- Loss of love, support, and companionship
- Pain and suffering, and
- Estate administration costs.
Damages can also be awarded to make up for the cost of a funeral and other related services.
Can I Still Recover Damages in a Wrongful Death Action if My Family Member Shares Fault?
As long as your family member isn’t mostly at fault, then yes.
Pennsylvania operates under a modified comparative fault system. There’s a 51 percent bar to recovery. So, your family member can be assigned up to 50 percent of the fault, and you’ll still be able to file a lawsuit. However, the minute they’re assigned 51 percent or more liability, your right to recover damages from a third party disappears.
The fact that they share some of the blame will affect how much money you can get when your wrongful death claim is resolved. Damages will be reduced to reflect your family member’s contribution to their fatal accident. So if they’re assigned 50 percent of the fault, then your financial award will be cut in half.
Others will probably try to blame your family member for the accident. It’s a common tactic. And, they aren’t around to defend themselves. If you do nothing, you could miss out on valuable compensation. That’s where it helps to turn to the trusted Chambersburg wrongful death attorneys at Marzzacco Niven & Associates for help.
Our team will defend your loved one and fight to protect their reputation. And, the less fault they’re assigned, the more money you can get for your loss.
How Long Do I Have to File a Wrongful Death Lawsuit in Pennsylvania?
No matter how difficult it might be to face the reality of your situation, you must act quickly if you want to recover compensation from negligent parties.
In Pennsylvania, the statute of limitations for wrongful death lawsuits is two years. The clock begins to run on the date of the victim’s death. This may or may not be the same date as their fatal Chambersburg accident.
For instance, let’s say your spouse is struck head-on by a tractor-trailer on I-81. They suffer a traumatic brain injury and other catastrophic injuries but survive for a week. The statute of limitations would begin to run one week after the date of their accident.
Do not miss the deadline. If you do, the court will consider your claim to be void, and you’ll miss the opportunity to recover the financial award that you need and deserve.
Schedule a Free Case Evaluation With a Chambersburg Wrongful Death Lawyer
Don’t let those responsible for your loved one’s fatal accident off the hook. Force them to take (financial) accountability by filing a wrongful death lawsuit. Or, better yet, let Marzzacco Niven & Associates take charge of the situation for you.
Our Chambersburg wrongful death lawyers have more than 120 years of combined experience and have won millions in financial awards. We understand just how difficult the time after the tragic loss of a family member can be – and we’re here to help you make things right.
Money won’t turn back time or bring your family member back. But it can help to make things a little bit easier and offset the financial impact of their death. Let us fight to get you everything you deserve. We offer a free case evaluation and are standing by to take your call now.
Our team of attorneys also handle cases like social security disability in Chambersburg, PA, and workers’ compensation lawsuits.