A Closer Look: Understanding the Damages That Are Available in Pennsylvania Wrongful Death Cases

When you are coping with a loved one’s untimely death, there are several important decisions that you need to make. One of these decisions is whether to file a wrongful death claim. While there are a variety of important factors to consider, in many cases, this decision ultimately comes down to understanding how much you and your family are entitled to recover.

The losses that eligible family members are entitled to recover in a wrongful death case are referred to as “damages.” In most cases, these damages broadly fall into two categories—economic and non-economic. Family members can seek economic and non-economic damages not only for their losses to date but for their future losses as well. Since future losses can endure for years (if not decades), they can far exceed the losses incurred in the immediate aftermath of a loved one’s untimely death.

Economic Damages in Pennsylvania Wrongful Death Cases

Economic damages in Pennsylvania wrongful death cases are intended to compensate eligible family members for all of the financial costs they incur as a result of their loved one’s untimely death. This includes not only direct out-of-pocket costs like funeral and burial expenses but also costs related to the loss of their loved one’s earnings through what would have been their loved one’s date of retirement. For example, in a typical case, we will seek to recover present and future losses such as:

Medical Expenses

When victims of fatal accidents receive medical treatment before they pass away, their families can seek to recover any and all medical expenses incurred prior to death. This part of the process is similar to filing a personal injury claim after a non-fatal accident that was someone else’s fault.

Funeral and Burial Expenses

Eligible family members can seek to recover the costs of their loved one’s funeral and burial (or any other means of interment). Even though these costs would have been incurred eventually no matter what, they are still recoverable in wrongful death cases under Pennsylvania law.

Loss of Income

Eligible family members can also seek to recover financial compensation for the loss of their loved one’s income. These damages are based on factors including (but not limited to): (i) the victim’s age at the time of death; (ii) the victim’s education, qualifications, and work experience; and (iii) the victim’s earnings history.

Loss of Benefits

Along with loss of income, eligible family members can seek damages for the loss of their loved one’s benefits as well. This includes everything from health insurance and dental coverage to retirement plan contributions and pension payments.

Loss of Inheritance

Beyond loss of income and benefits, eligible family members can also seek compensation for any additional loss of inheritance. For example, retirement savings will generally continue to grow throughout a person’s lifetime (regardless of any additional contributions). Any additional gains that would have eventually been included in a family member’s inheritance are also losses that can—and should—be recovered.

Non-Economic Damages in Pennsylvania Wrongful Death Cases

Non-economic damages in Pennsylvania wrongful death cases are intended to provide financial compensation for all of the non-financial impacts of losing a loved one too soon. In a typical case, our lawyers will seek non-economic damages, including:

Pain, Suffering, and Emotional Trauma

Eligible family members can seek compensation for the emotional trauma they endure as a result of their loved one’s fatal accident. If the victim survived for a period of time after the accident, eligible family members can seek compensation for their loved one’s pain and suffering prior to death as well.

Loss of Care and Protection

Family members who relied on the victim’s care and protection prior to the victim’s death—or who would have relied on the victim’s care and protection in the future—can seek compensation for these losses when pursuing a wrongful death claim in Pennsylvania.

Loss of Society and Companionship

Family members can also seek compensation for the loss of the society and companionship they would have enjoyed with their loved ones in the future.

Loss of Consortium

Surviving spouses can file claims for loss of consortium following fatal accidents in Pennsylvania. “Loss of consortium” refers to the loss of the opportunity to spend meaningful and intimate time with one’s spouse.

Loss of Parental Guidance

Surviving children can file claims for loss of parental guidance. Similar to loss of consortium claims for spouses, loss of parental guidance claims are in addition to any and all other losses children suffer as the result of their parent’s untimely passing.

What About Punitive Damages?

As we said above, in most cases, the damages available to grieving families fall into two categories. But, in some cases, a third category of damages will be available as well.

Grieving families can seek punitive damages when their loved one’s death is the result of gross negligence or egregious misconduct. One of the most common examples is drunk driving, but there are many other examples as well. When you speak with a lawyer at our firm about your family’s legal rights, your lawyer will examine all possibilities—and your lawyer will help ensure that you are seeking the maximum damages available.

Calculating the Value of Your Family’s Wrongful Death Claim

So, those are the types of damages that are available in Pennsylvania wrongful death cases. Now, how much can you expect to recover?

Calculating the value of your family’s wrongful death claim will require a careful and comprehensive assessment of your family’s specific circumstances. Every case is unique, and wrongful death settlements and verdicts can vary widely. At Drake, Hileman & Davis, P.C., we are committed to maximizing our clients’ recoveries, and we will work closely with you and your family to ensure that we are fighting for the full compensation you and your loved ones deserve.

Discuss Your Family’s Legal Rights with a Pennsylvania Wrongful Death Attorney for Free

If you need to know more about filing a wrongful death claim in Pennsylvania, we invite you to get in touch. Please call 888-777-7098 or contact us online to schedule a free consultation today.