Losing a loved one due to the negligence of another person is heartbreaking, and the emotional and financial tolls can be devastating. If a negligent person or entity caused the death of your loved one, a State College wrongful death lawyer could seek compensation for your loss.

A compassionate personal injury attorney from Marcus & Mack could walk you through each step of the wrongful death claims process and answer any questions you may have. Contact us today for a free consultation to learn of your rights and options for seeking compensation from the at-fault party.

We Offer Caring, Personalized Representation for Your State College Wrongful Death Claim

An established State College personal injury law firm with a reputation for excellence, Marcus & Mack has served injured clients throughout Pennsylvania since 1977.

Our attorneys possess more than 100 years of combined legal experience, so we have the skills and resources necessary to handle your wrongful death claim effectively and improve your chances of getting maximum compensation.

Our mission is to deliver the highest level of representation possible to our clients, and you can rely on us to:

  • Seek justice on your behalf
  • Support you and your family throughout the claims process
  • Advocate for you to protect your rights
  • Do what is right and treat you and your family with the utmost respect and dignity during this difficult and emotional time

Our lawyers are committed to doing whatever it takes to help you get the compensation you deserve. We have recovered millions of dollars in settlements and verdicts for our clients, and our case results show our dedication to achieving the best outcomes possible for those we serve.

Honored for our outstanding client service and unmatched legal abilities, several of our attorneys have earned awards and honors from prominent national legal organizations. We have also received dozens of top reviews from our satisfied clients.

You won’t have to worry about paying for the legal representation you need. At Marcus & Mack, our lawyers work on a contingency fee basis. We charge you nothing upfront to handle your case, and we only accept attorney fees if we recover compensation for you.

To discover how we can help you obtain fair compensation following the loss of a close family member due to someone else’s wrongdoing, contact Marcus & Mack today for a free case evaluation.

What Are Common Causes of Wrongful Deaths in State College?

Wrongful deaths can occur due to various circumstances in State College.

Each case is unique, but common causes of wrongful deaths can include:

  • Motor Vehicle Accidents: Car accidents, motorcycle accidents, truck accidents, and pedestrian accidents can lead to wrongful deaths. Factors such as reckless driving, impaired driving, or negligence can contribute to fatal crashes.
  • Medical Malpractice: Errors or negligence by healthcare professionals, including doctors, nurses, or hospitals, can result in wrongful deaths. Misdiagnosis, surgical errors, medication mistakes, and other medical malpractice issues may lead to fatal consequences.
  • Workplace Accidents: Fatalities at the workplace can occur due to unsafe working conditions, lack of proper training, or inadequate safety measures. Construction sites, industrial facilities, and other work environments may pose risks.
  • Criminal Acts: Homicides or deaths resulting from criminal activities, such as assault, robbery, or other violent crimes, can be considered wrongful deaths.
  • Defective Products: Deaths caused by defective products or products with inadequate warnings can lead to wrongful death claims. This can include faulty machinery, pharmaceuticals, or other consumer goods.
  • Premises Liability: Property owners have a responsibility to maintain safe premises. Wrongful deaths can occur due to hazardous conditions, inadequate security, or other neglectful actions on someone’s property. Slip and fall accidents can cause serious injuries that result in fatalities.
  • Nursing Home Abuse or Neglect: Elderly residents in nursing homes may suffer wrongful deaths due to abuse, neglect, or substandard care.

Other incidents can cause wrongful deaths as well. If you suspect a wrongful death has occurred, consult an attorney who handles wrongful death cases in State College to understand your legal options.

Pennsylvania Wrongful Death Laws

Pennsylvania’s wrongful death laws permit family members to recover damages for their losses resulting from the death of a loved one if the death occurred due to another party’s negligence or violent acts.

An attorney can file a wrongful death action for the benefit of the deceased State College resident’s family members or dependents, regardless of where they reside.

Who Can File a Wrongful Death Action in State College?

In State College, the right to file a wrongful death action is typically limited to specific individuals who had a close relationship with the deceased person or depended on the decedent for support.

Statutory beneficiaries who can file a wrongful death action often include:

  • Spouse: The surviving spouse of the deceased person is often the first person with the right to file a wrongful death claim.
  • Children: In the absence of a surviving spouse or in addition to the spouse, the deceased person’s children may have the right to bring a wrongful death action.
  • Parents: If the deceased person had no spouse or children, their parents may have the right to file a wrongful death claim.
  • Personal Representative: In some cases, the personal representative of the deceased person’s estate may be allowed to bring a wrongful death action on behalf of the estate and its beneficiaries.
  • Dependents or Beneficiaries: Individuals who were financially dependent on the deceased person or named beneficiaries in the deceased person’s will or estate plan may also have the right to file a wrongful death claim.

What Are Survival Laws?

State College Wrongful Death LawyerSurvival laws in Pennsylvania allow a deceased person’s estate to collect damages that the decedent would have been entitled to recover if they had not died. That is, the decedent’s claims, such as conscious pain and suffering, survive even after death.

These damages are determined from the time of the accident to the time of death. Only a personal representative or executor can file this type of lawsuit, the proceeds of which belong to the estate and are subject to inheritance tax laws and claims of the decedent’s creditors. Compensation in a survival action can be limited if the individual dies immediately at the accident site.

Wrongful death laws can be complex, and the information provided here is a general overview. If you believe you have a wrongful death case in State College, you need to speak with an experienced Pennsylvania wrongful death attorney who can provide advice based on the specific circumstances of your situation.

What Damages May I Recover from a State College Wrongful Death Claim?

If you can recover damages in a State College wrongful death claim, the types of damages you may be entitled to can include both economic and non-economic losses. The damages are typically intended to compensate the surviving family members for the financial and emotional impact of the loss.

Here are some common damages that you may recover:

  • Funeral and burial expenses for reasonable costs associated with the decedent’s final arrangements.
  • Medical expenses if there were medical costs related to the final injury or illness that led to the death.
  • Loss of financial support to cover economic contributions the deceased person would have provided to the family, including income, benefits, and other financial support.
  • Loss of services includes the value of services the deceased person would have provided to the family, such as childcare, household chores, and other support.
  • Loss of consortium for the loss of companionship, guidance, and support that the deceased person would have provided.

Additionally, you could recover:

  • Pain and Suffering: In some cases, damages may be awarded for the pain and suffering the deceased person experienced before their death. These typically occur through a survival action.
  • Punitive Damages: In certain situations where the actions of the responsible party were particularly egregious or malicious, the court may award punitive damages to punish the wrongdoer and deter similar behavior in the future.

The specific damages recoverable can vary depending on the circumstances of the case and the applicable laws. An experienced wrongful death attorney in State College can explain your rights and pursue a claim for the appropriate damages.

How Do I Prove Wrongful Death in State College?

Proving wrongful death in State College typically involves establishing several key elements to demonstrate that the death was the result of another party’s negligence or wrongful actions.

Due to the complexity involved in proving these elements, work with an attorney who can establish:

  • Duty of Care: Show that the party responsible for the death owed a duty of care to the deceased person. This duty could arise from various relationships, such as the duty of a driver to operate a vehicle safely, the duty of a healthcare professional to provide competent care, or the duty of a property owner to maintain safe premises.
  • Breach of Duty: Demonstrate that the responsible party breached the duty of care owed to the deceased person. This could involve proving negligence, recklessness, or intentional misconduct.
  • Causation: Establish a direct link between the breach of duty and the death. In other words, demonstrate that the actions or negligence of the responsible party were a substantial factor in causing the fatal outcome.
  • Damages: Prove the specific damages resulting from the wrongful death, such as financial losses, funeral expenses, loss of support, and emotional suffering. Damages are a crucial aspect of a wrongful death claim and must be quantifiable.

To prove these elements, your attorney may gather evidence to support your claim, including accident reports, medical records, photographs, witness statements, and other documentation.

In many cases, expert testimony may be necessary to support your claim. For example, medical experts can provide opinions on the cause of death and the role of medical negligence.

It’s important to seek legal advice and employ a lawyer early in the claims process. An attorney can assess the specific details of your case, advise you on the strength of your claim, and help build a compelling case to establish liability and secure the compensation you deserve.

How Long Do I Have to File a Wrongful Death Lawsuit in State College?

In Pennsylvania, a plaintiff in a wrongful death or survival action has two years to file a lawsuit for compensation from the negligent or reckless party that caused the death. The laws are intricate, and a lawyer could help guide a grieving spouse, parent, or child through the legal procedures.

Keep in mind that if you don’t have an attorney file suit for you within Pennsylvania’s two-year statute of limitations, the court may dismiss your case, and you’ll likely lose your right to pursue compensation.

Request a Consultation With a State College Wrongful Death Lawyer

Robert S. Marcus,  State College personal injury lawyer

Robert S. Marcus Personal Injury Attorney in  State College

If your loved one died due to the negligence or violent act of another person in Pennsylvania, you might be able to recover compensation for your losses. However, the process is complex, and you don’t need to handle it on your own.

A State College wrongful death lawyer from Marcus & Mack can review your case at no cost to determine if you have a valid claim and qualify to recover compensation. If so, you can rely on us to handle all aspects of your claim, including advocating for you in court, if necessary.

We’re here to help alleviate the burden and stress of a wrongful death claim or lawsuit so you may grieve in peace for your loved one.

Call our State College law office today at (814) 238-3480 or contact us online to request a free consultation.

Schedule a Free Initial Consultation Today!

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Marcus & Mack

Marcus & Mack
108 West Beaver Avenue,
Suite 203

State College PA  16801