Luzerne County Wrongful Death Attorney

Under Pennsylvania law, the decedent's personal representative (executor or administrator) brings the claim on behalf of the spouse, children, and parents of the deceased. If the personal representative does not file within six months, any beneficiary may file.

The statute of limitations is generally two years from the date of death. Some cases involving a delayed discovery of the cause of death may have a discovery rule that extends this deadline — call us so we can analyze your specific case.

Yes — they are separate claims with separate damages. Wrongful death compensates the family for their losses; the survival action compensates the estate for what the decedent suffered between the injury and death. Most Pennsylvania cases plead both.

Generally, wrongful death and personal injury settlements are not subject to federal income tax. Punitive damages and interest may be taxable. We always recommend coordinating with a tax professional on the final allocation.

Nothing up front. We handle Pennsylvania wrongful death cases on a contingency fee — our fee comes out of the recovery, and there is no fee if we do not recover for your family.

Suit is ordinarily filed in the Luzerne County Court of Common Pleas in Wilkes-Barre, where venue is proper under Pa. R.C.P. 1006 if the crash or incident happened in Luzerne County or a defendant regularly conducts business there. Cases valued below the arbitration threshold are first heard by a board of arbitrators before any appeal to a judge and jury. Sean Quinlan litigates in county courts across Pennsylvania from the firm's Camp Hill office.

The heaviest crash volume in Luzerne County tracks I-81, I-80, and PA-309, along with the local arterials feeding Wilkes-Barre. Corridor matters: a high-speed limited-access crash, an intersection collision on a signalized arterial, and a rural two-lane roadway each generate different evidence — different reporting agencies, different camera availability, and different roadway-design questions. We investigate a Luzerne County case around where it actually happened.

The first two weeks decide most cases. In a Luzerne County matter, we confirm who has standing to sue, open the estate if no personal representative exists yet, and preserve the evidence needed for both the wrongful death claim under 42 Pa. C.S. § 8301 and the survival action under § 8302. We also handle the insurer's contact so you are not giving a recorded statement while you are still being treated.

Most Pennsylvania injury claims carry a two-year limitations period under 42 Pa. C.S. § 5524, and that deadline is the same in Luzerne County as anywhere in the Commonwealth. Shorter deadlines apply when a government entity is involved: written notice within six months under 42 Pa. C.S. § 5522 for claims against a Luzerne County municipality, borough, or PennDOT. Call before you assume you still have time.

No, unless your share of the fault exceeds that of everyone you are suing. Pennsylvania follows modified comparative negligence under 42 Pa. C.S. § 7102: you can recover as long as you are not more than 50% responsible, and your award is reduced by your percentage. A Luzerne County jury decides those percentages, and insurers routinely assign more fault than the evidence supports as an opening position.

No. We handle intake by phone and video for Luzerne County clients and travel to you when meeting in person matters. The consultation is free, the case is handled on a contingency fee, and there is no fee unless we recover money for you. Call (717) 724-7503.