Did you recently lose a loved one in an accident in York, PA? You may be entitled to compensation for your loved one’s medical bills, funeral costs, and your family’s pain and suffering. Call an experienced York wrongful death lawyer at Marzzacco Niven & Associates for help recovering the money your family needs.
We’ve been fighting hard to help injured clients and their families since we opened our doors in 2008. Over the years, we’ve won tens of millions of dollars to help families get back on their feet after a loss.
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How Marzzacco Niven & Associates Can Help With a Wrongful Death Claim in York, PA
In a perfect world, fatal accidents wouldn’t happen. But unfortunately, people can be careless and reckless–leaving thousands of families to grieve unimaginable losses each year. You have rights if you’ve recently lost a family member. You can fight to hold the responsible parties financially accountable.
That money can make a world of difference to your future. Marzzacco Niven & Associates can help you fight to recover everything you deserve. We’re an award-winning law firm with over 120 years of combined experience handling complex injury claims. We’ve been recognized by Super Lawyers, Best Lawyers of America, and the National Trial Lawyers.
We’ve also been recognized where it counts the most: by our satisfied clients.
When you hire our York personal injury lawyers to protect your family, we will:
- Launch a full-scale investigation to determine the cause of your loved one’s death
- Locate all responsible parties and insurance coverage options
- Hire top-rated experts and specialists to assess your damages and prove causation
- Negotiate with the insurance companies to recover the maximum compensation possible
Speak with an experienced York personal injury attorney today. Just call our offices for a free consultation.
How Common Are Fatal Accidents in York, PA?
Thousands of people die in fatal accidents each year. Sadly, most of those accidents are preventable. They happen because someone was careless.
According to Pennsylvania Department of Transportation crash statistics, 1,129 people were killed in fatal motor vehicle accidents across the state of Pennsylvania in 2020. 217 people died in fatal motorcycle accidents that same year.
Statewide, 293 traffic fatalities were alcohol-related. Another 269 people died in speeding accidents. In York County alone, 28 people were killed in fatal auto accidents in 2020.
Another 150 Pennsylvania workers died in fatal workplace accidents in 2019. Thousands more die because of medical errors, defective products, and fall accidents each year.
Overview of Pennsylvania Wrongful Death Laws
Pennsylvania wrongful death laws give certain individuals the right to sue for damages after the death of a loved one. You may have a valid wrongful death lawsuit if your loved one’s death was caused by someone else’s wrongful, negligent or unlawful act.
Most of the time, wrongful death lawsuits are based on fatal injuries sustained in accidents. If your loved one had survived, they would have been entitled to file a personal injury lawsuit. Instead, survivors can seek damages for wrongful death.
Only certain survivors can take legal action, including:
- A surviving spouse
When a deceased person doesn’t have a surviving spouse, children, or parents, the personal representative can file a lawsuit on behalf of the decedent’s estate. Damages are divided among the decedent’s beneficiaries based on a will or Pennsylvania intestate laws.
What is My York Wrongful Death Case Worth?
Assessing the value of a wrongful death claim can be complex. Often, your damages are largely non-economic.
The value of your case will depend on:
- Your loved one’s projected future earnings, based on earning potential and past earnings
- The value of any household services provided by your loved one prior to death
- The victim’s age and life expectancy
- The identity of any surviving dependents, including children
- The emotional losses your family has suffered
- The circumstances surrounding your loved one’s death
- The cost of your loved one’s medical treatment and expenses prior to death
It can be difficult to think about money when you’re grieving the loss of a family member. Our lawyers will carefully evaluate the merits of your case to put a dollar value on the damages you’ve suffered.
To learn more about an attorney-client relationship, call an experienced York wrongful death attorney at Marzzacco Niven & Associates for a free case review today.
What Types of Damages Are Available to Victims in a Wrongful Death Case?
Your loved one’s death will impact your family in so many ways. In legal terms, these losses are called “damages”. Your damages award should compensate for both economic losses and non-financial suffering.
Your family may be entitled to compensation for:
- Your loved one’s medical expenses from the date of the injury to the date of death
- Lost wages and loss of financial support
- Funeral expenses and burial costs
- The costs associated with administering your loved one’s estate
- Compensation for loss of the victim’s services and company
- Loss of parental guidance and support
- Emotional distress and suffering
- Your loved one’s physical pain and suffering prior to death
If the responsible party acted intentionally or with malice, you may also be entitled to recover punitive damages.
Money can never fully make up for your loss. It can help you support your family–and you can count on Marzzacco Niven & Associates to fight for the full range of damages available. Just give us a quick call for legal advice today.
Can I Recover Damages If My Loved One is Being Blamed for Causing a Fatal Accident in Pennsylvania?
Pennsylvania follows modified comparative negligence laws with a 51% bar to recovery. You can recover damages if your loved one was less than 51% liable for the accident.
If your loved one was even slightly responsible, however, your settlement or verdict will be reduced in proportion to their percentage of fault.
Insurance companies often try to use this rule to their advantage. They might try to blame your loved one, even if they don’t have the evidence to back up those claims. Our lawyers know how to counter these and other insurance tactics. We’re here to help, so give us a call today.
What Causes Most Fatal Accidents in York, Pennsylvania?
You can file a wrongful death lawsuit even if the responsible party didn’t commit a crime. In fact, wrongful death can happen in many different situations.
At Marzzacco Niven & Associates, our lawyers in York often represent clients in wrongful death claims involving:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Negligent security and premises liability
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Trucking accidents
- Bus accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Defective products
- Nursing home abuse or neglect
- Intentional violence
Our lawyers are committed to helping your family get justice in the form of financial compensation. Contact our York law firm for a free case evaluation today to learn more about how we can help.
How Do I Prove Negligence After a Fatal Accident in Pennsylvania?
Wrongful death claims can be based on intentional violence or homicide. However, most wrongful death claims are based on negligence. Unlike in a murder case, these wrongful death cases are brought in civil court because the at-fault party didn’t intend to kill anyone. Instead, someone died because they were careless.
To prove negligence, you must establish the following four elements:
- The responsible party had a legal duty of care
- A breach of duty occurred
- The breach of duty directly caused your loved one’s death
- The amount and types of damages your family suffered as a result
Our lawyers will launch a full investigation to find out what caused your loved one’s death. We’ll analyze police reports, interview witnesses, and locate video footage to prove your case. We may even bring in experts to offer their opinions.
How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in Pennsylvania?
You’ll only have two years to take legal action if you’ve lost a loved one. The two-year statute of limitations starts running on the date of your loved one’s death. Even though it’s a difficult time, you will forfeit your right to damages if you don’t file a lawsuit within that two-year period.
It’s important to speak with an experienced lawyer soon after an accident. Any delay can make it more difficult to locate evidence to support your case. Our legal team is ready to start working today. For more information, contact our offices for a free initial consultation.
Contact a York Wrongful Death Lawyer for a Free Consultation
Life can seem uncertain if you’ve recently lost a loved one. Recovering compensation for your loss can bring a sense of justice. It can also give your family the financial security they deserve.
To learn more about how Marzzacco Niven & Associates can help you hold the at-fault parties accountable, call for a free consultation with a York wrongful death lawyer today.