Michael Schafle, Esq.Michael Schafle, Esq.

Wrongful-Death & Survival Claims Kingston

Pennsylvania splits a fatal asbestos case into two claims under 42 Pa.C.S. § 8301 (wrongful death) and § 8302 (survival). The wrongful-death claim belongs to the surviving family, a spouse, children, or parents, and…

Get My Free Consultation →(570) 300-8744
Wrongful-Death & Survival Claims in Kingston, PA
Quick answer
  • Included: both the wrongful-death claim and the survival claim, filed together, plus asbestos-trust submissions where a company has gone bankrupt.
  • How fast: a Pennsylvania wrongful-death or survival action generally must be filed within 2 years, measured from the date of death, missing that window usually ends the case.
  • Cost: $0 upfront and $0 hourly, handled on contingency, a percentage of any recovery, commonly in the 33%, 40% range, confirmed in a signed written fee agreement before work begins.
  • What we take: a contingency fee only if money is recovered; no recovery means no fee owed.
  • How to book: call (570) 300-8744 or text a photo of the death certificate and work history to the same number.

Pennsylvania splits a fatal asbestos case into two claims under 42 Pa.C.S. § 8301 (wrongful death) and § 8302 (survival). The wrongful-death claim belongs to the surviving family, a spouse, children, or parents, and recovers their losses: funeral and burial costs, lost household contributions, and the loss of the relationship.

The survival claim belongs to the deceased person's estate and recovers what that person could have pursued while alive, medical bills from the mesothelioma treatment, lost earnings, and the pain and suffering endured from diagnosis to death. One lawsuit carries both, and a personal representative of the estate (an executor or administrator) must be named before the survival portion can proceed.

Which claim drives the recovery depends on the family's situation. If a retired laborer from Dorranceton or Pringle spent a decade on disability with large medical bills before passing, the survival claim often carries the larger medical and pain component.

If a younger spouse in Fort Durkee or Goodleigh lost a primary earner, the wrongful-death side, lost support and the value of the relationship, tends to weigh heavier. The two are not either-or; they run together, and the facts of each household decide how damages fall between them. Asbestos exposure across the Wyoming Valley traced back to mining, railroads, power plants, and construction work, and the OSHA asbestos standard and the EPA asbestos program document how long the latency period runs, mesothelioma commonly appears 20 to 50 years after exposure, which is why a 2026 death can tie to work done in the 1970s.

Here is how the process moves.

Step 1: the family gathers the death certificate, the pathology or mesothelioma diagnosis records, and a work history naming job sites and employers. Step 2: the estate opens through the Luzerne County Register of Wills and a personal representative is appointed. Step 3: liable manufacturers and premises are identified, along with any defunct companies whose asbestos trusts, explained by the U.S.

Government Accountability Office report on asbestos trusts, still pay claims. Step 4: the combined wrongful-death and survival complaint is filed in the Court of Common Pleas. Step 5: the claim resolves by settlement or trial, and proceeds are allocated between the family and the estate under Pennsylvania law.

A key non-obvious point: the money from the two claims is taxed and distributed differently.

Wrongful-death proceeds generally pass to the statutory heirs outside the probate estate, while survival proceeds flow into the estate and can be reached by the deceased's creditors and estate taxes. The Pennsylvania courts and the Pennsylvania Bar Association set the rules both claims follow, and the survival action definition from Cornell Law shows why the estate, not the family directly, must hold that half. The NIOSH asbestos resource and the VA mesothelioma page are useful where a veteran's service exposure is involved.

Michael Schafle, Esq. handles both claims from Kingston, so families in Trucksville, Shavertown, Carverton, and Chase do not travel far to start.

How much does Wrongful-Death & Survival Claims cost in Kingston?

Combined wrongful-death + survival claim (contingency)33%, 40% of recovery, $0 upfront
Asbestos-trust claim filing (bundled into the case)included in the contingency fee
Case review and estate-opening guidance$0, no fee unless there is a recovery
Hourly or flat feesnone, contingency only

Every job gets a firm, written price after an on-site visit.

Common questions

Who can file a wrongful-death claim in Kingston, PA?
In Kingston, PA a wrongful-death claim is filed for the benefit of the surviving spouse, children, or parents of the person who died from mesothelioma; if none bring it within 6 months, the estate's personal representative may file it under 42 Pa.C.S. § 8301.
What is the deadline to file a survival claim for a Kingston family?
A survival claim for a Kingston family generally must be filed within 2 years of the date of death under Pennsylvania's statute of limitations; the estate must be opened through the Luzerne County Register of Wills before the survival portion can proceed.
How are wrongful-death and survival claims different in a Kingston mesothelioma case?
In a Kingston mesothelioma case the wrongful-death claim recovers the family's losses, funeral costs, lost support, and loss of the relationship, while the survival claim recovers the estate's losses, including the deceased's medical bills and pain and suffering from diagnosis to death.
Can Kingston, PA families still recover if the asbestos company is out of business?
Yes, many Kingston, PA families recover from asbestos bankruptcy trusts set up by defunct manufacturers, which pay claims separately from a lawsuit; these trust submissions are handled alongside the wrongful-death and survival claim at no added fee.
What does it cost a Kingston family to bring these claims?
For a Kingston family these claims are handled on contingency with $0 upfront and $0 hourly; the fee is a percentage of any recovery, commonly 33%, 40%, set in a signed written agreement, and nothing is owed if there is no recovery. Call (570) 300-8744.

Get started today

Tell us about your wrongful-death & survival claims job in Kingston and we'll send a clear, written quote, usually the same day.

Get your free case review, Kingston

We only use your ZIP to check availability, no spam.