Easton Wrongful Death Lawyer

Easton Wrongful Death Attorney

If an accident is fatal, a wrongful death claim can help family members receive compensation from those who are to blame. In these tragic circumstances, emotions can run high. Hiring an Easton, PA, wrongful death lawyer can help ease your concerns.

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908-329-2003

9 Hanover Street
Phillipsburg, NJ 08865

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Why Hire a Wrongful Death Lawyer?

Losing a family member or loved one unexpectedly leads to terrible emotional pain and is even more difficult to comprehend when the tragedy was caused by someone’s negligence. The Frank Santini Law Firm understands the challenges Pennsylvania families face during these devastating times and offers compassionate and skilled legal counsel.

Founding partner Frank Santini is a summa cum laude graduate of Stetson University and has been recognized as a Rising Star by Super Lawyers magazine. Attorney Santini handles every aspect of your personal injury case, allowing you to grieve and heal.

What Is a Wrongful Death?

Pennsylvania defines wrongful death as a person’s death caused by wrongful acts, neglect, or the negligence or unlawful violence of another person or party. A wrongful death can result from:

• Motorcycle accidents
• Drunk driving accidents
• Motor vehicle accidents
• Assault
• Defective products
• Medical malpractice
• Workplace accidents
• Slip-and-fall accidents

There were 107 medical malpractice cases heard by juries in Pennsylvania courts in 2023. The Pennsylvania Department of Transportation reported there were 1,127 fatal vehicle accidents in 2024. There were also 219 motorcycle fatalities in 2024.

Most wrongful death claims are settled out of court, but cases that do go to court are heard in the Court of Common Pleas. For individuals in Easton, their case would be heard at the Court of Common Pleas of Northampton County, located at 669 Washington Street, Easton, PA 18042.

Why File a Wrongful Death Claim?

An unexpected death can cause emotional and financial distress. A wrongful death lawsuit allows surviving family members an opportunity to seek financial compensation for the negligence that caused the death of their family member.

Wrongful death claims are civil claims, which are heard separately from any pending criminal cases. The purpose of the claim is to help the family recover losses that resulted from the death.

In Pennsylvania, the spouse, children, or parents of the deceased can file a wrongful death claim. In Pennsylvania, the statute of limitations to file a wrongful death suit is two years. If you fail to file a claim within this time period, you will most likely forfeit the right to do so. There are a few exceptions, such as not knowing the death occurred immediately or if minor children are the beneficiaries.

Survivors can seek economic and non-economic damages. Economic damages refer to measurable expenses and losses that are tangible and include medical expenses, funeral and burial expenses, value of household services, loss of benefits and retirement contributions, and lost income and future earnings.

Non-economic damages are more nuanced and are not measurable in the same way as economic damages. They are more abstract and include emotional distress, pain and suffering, and loss of companionship and consortium.

What Are the Key Elements of Proving Negligence in a Wrongful Death Claim?

In a wrongful death suit, the claimant has the burden of proving negligence (whether intentional or unintentional). For example, drivers are expected to follow traffic laws, and property owners need to ensure their property is safe for visitors.

There are four elements of negligence that must be demonstrated to be successful:

1. Duty of care. Your attorney will need to demonstrate that the defendant had a legal obligation to act with reasonable care.
2. Breach of duty. This means the defendant didn’t meet their duty of care.
3. Causation. This demonstrates that the breach of duty led to the death and would not have occurred without the actions of the defendant.
4. Damages. Your attorney must show the losses that resulted from the death.

In order to prove negligence, your attorney will collect substantial evidence. It may require collecting official reports, witness statements, security footage, medical documents, photographs, and expert testimony and assessments.

FAQs

What Is the Average Wrongful Death Settlement in PA?

The average wrongful death settlement in PA varies based on the unique circumstances of each case. Settlement amounts can be influenced by the age of the victim, family structure (number of dependents), earning capacity of the deceased, available insurance coverage and limits, the strength of liability evidence (liability clarity), and whether the claim is settled before it goes to trial or is decided by a verdict.

What Are the Odds of Winning a Wrongful Death Lawsuit?

Hiring an experienced Easton wrongful death attorney may improve your chances of winning a wrongful death lawsuit. A skilled attorney works to gather and compile strong evidence for your case, ensures that your claim is filed within the statute of limitations, and provides legal guidance.

Wrongful death lawsuits seek economic compensation for the losses suffered by the loved ones of the deceased. Compensation can cover funeral costs, medical expenses, lost income, and emotional suffering.

Who Can File a Wrongful Death Suit in Pennsylvania?

Pennsylvania law establishes clear guidelines for who can file a wrongful death suit. Individuals who are able to file a wrongful death suit include the spouse, parents, or children of a wrongful death victim. If an individual has died without a will in place, the proceeds from the wrongful death suit will be distributed among the beneficiaries of the estate.

How Much Do Wrongful Death Attorneys Charge?

Most wrongful death attorneys work on a contingency basis. This means that their fee is contingent on the success of the case. Therefore, if the case is not successful, there is no charge. The standard contingency fee in wrongful death cases ranges from 33 to 40 percent of the total amount of funds recovered through a court award or final settlement. The client and attorney will each sign a written agreement that details the terms of the agreement.

Schedule a Consultation

Wrongful death cases are typically complex, and the right lawyer can make a big difference. The Frank Santini Law Firm handles personal and catastrophic injury cases. Our goal is to help clients secure the compensation they deserve. Please contact our office to schedule a consultation to discuss your case.