Wrongful Death Lawsuits in Northeastern Pennsylvania: What Families Need to Know

Losing a loved one due to someone else's negligence or intentional conduct is one of the most difficult experiences a family can face. In Northeastern Pennsylvania—including Wilkes-Barre, Hazleton, Scranton, and surrounding communities—families have legal rights under Pennsylvania law to pursue wrongful death claims and survival actions to seek accountability and financial compensation.

This guide explains the basics of wrongful death lawsuits in Pennsylvania, including who can file, what damages may be recovered, and the deadlines that apply.

What Is a Wrongful Death Lawsuit in Pennsylvania?

A wrongful death lawsuit is a civil claim brought on behalf of surviving family members when a death is caused by another party's negligence, recklessness, or intentional acts. These claims are designed to compensate family members for the losses they suffer as a result of the death.

In Luzerne County and throughout Pennsylvania, wrongful death cases commonly arise from:

• Motor vehicle accidents, including car and truck crashes

• Workplace and construction site accidents

• Medical malpractice and nursing home neglect

• Dangerous property conditions (slip and fall, negligent security)

• Defective or dangerous products

• Criminal acts and violent conduct

What Rights Do Families Have After a Wrongful Death?

Pennsylvania law provides important protections for families who have lost a loved one due to negligence. These rights include:

• Compensation for financial losses, such as medical bills, funeral and burial expenses, and lost income

• Non-economic damages, including loss of companionship, comfort, and guidance

• Accountability, allowing families to hold negligent individuals or corporations responsible for their actions

What Is a Survival Action?

A survival action is a separate but related claim that belongs to the deceased person's estate. Rather than focusing on the family's losses, it seeks damages the deceased could have recovered if they had survived.

Survival action damages may include:

• Medical expenses incurred prior to death

• Lost wages and earning capacity

• Pain and suffering experienced before passing

In many Northeastern Pennsylvania wrongful death cases, both a wrongful death claim and a survival action are filed together.

Who Can File a Wrongful Death Claim in Pennsylvania?

Pennsylvania law strictly defines who may bring a wrongful death lawsuit:

• Spouse – has the first right to file

• Children – may file if there is no surviving spouse

• Parents – may file if there is no spouse or children

• Personal representative of the estate – may file if no eligible family members do so within six months

Wrongful Death vs. Survival Action: Key Differences

• Wrongful Death Claim – Compensates surviving family members for their personal losses

• Survival Action – Compensates the estate for losses suffered by the deceased prior to death

Pursuing both claims can significantly impact the total recovery.

Statute of Limitations for Wrongful Death in Pennsylvania

In Pennsylvania, wrongful death and survival actions must generally be filed within two years of the date of death. Courts in Luzerne County and across the state strictly enforce this deadline. Failing to file on time can permanently bar the claim.

What Must Be Proven in a Wrongful Death Case?

To succeed in a Pennsylvania wrongful death lawsuit, the plaintiff must establish:

• Duty of Care – The defendant owed a legal duty to the deceased

• Breach – The defendant violated that duty

• Causation – The breach directly caused the death

• Damages – The family suffered measurable losses

What Compensation Can Be Recovered?

Depending on the circumstances, families may recover damages for:

• Medical expenses and funeral costs

• Lost income and financial support

• Loss of companionship, comfort, and guidance

• Emotional pain and suffering

• Punitive damages in cases involving reckless or egregious conduct

Key Takeaway

Wrongful death and survival actions provide families in Northeastern Pennsylvania with a legal path to justice after a tragic loss. These cases are complex, emotionally challenging, and subject to strict deadlines, making experienced legal guidance critical.

Contact Sklarosky Law Today

Sklarosky Law proudly represents families throughout Luzerne County and Northeastern Pennsylvania in wrongful death and serious injury cases. If your family has lost a loved one due to negligence or misconduct, we are here to help you understand your rights and pursue justice.

Call (570) 283-1200 or use our online contact form to schedule a free consultation.