The loss of a loved one due to someone else’s negligence is a tragedy that no one should have to endure. When this loss occurs in Pennsylvania, family members may have the right to file a wrongful death lawsuit to seek compensation for their loss. While no amount of money can replace the emotional pain, wrongful death lawsuits provide a legal avenue for holding the responsible party accountable and obtaining financial compensation for the damages caused. This post will outline the types of damages that can be recovered in a wrongful death lawsuit in Pennsylvania.

What Is Wrongful Death?

In Pennsylvania, wrongful death is defined as a death caused by the negligent, reckless, or intentional actions of another party. Wrongful death can result from a variety of incidents, such as car accidents, medical malpractice, workplace accidents, and criminal acts. If you are a family member of someone who has died due to another’s actions, you may be entitled to file a wrongful death lawsuit on behalf of the deceased.

In Pennsylvania, only specific family members can file for wrongful death, including the spouse, children, or parents of the deceased. If the deceased person was unmarried and did not have children, parents can file the lawsuit. If there is no surviving spouse or children, other family members, such as siblings, may also have the ability to file, depending on the case.

Types of Damages in a Wrongful Death Lawsuit

When pursuing a wrongful death lawsuit in Pennsylvania, surviving family members may be entitled to several types of damages. These damages are meant to compensate the family for both the financial losses caused by the death and the emotional pain and suffering that comes with losing a loved one. The damages available are generally divided into two categories: economic and non-economic damages.

Economic Damages

Economic damages are designed to compensate for the financial losses that result from the deceased person’s death. These damages are intended to put the family in the position they would have been in if the death had not occurred. Economic damages can include:

Funeral and Burial Expenses

Funeral and burial expenses are typically included in wrongful death claims. The costs associated with laying a loved one to rest can be substantial, and this type of financial support helps cover those immediate costs. The court will consider reasonable funeral and burial costs when determining damages.

Medical Expenses

Before death occurs, there are often medical costs associated with treating the injuries or illness caused by the defendant’s negligence. These medical expenses can include hospital stays, surgeries, doctor’s visits, and any other necessary treatments. The cost of medical care leading up to death is an essential part of a wrongful death claim and is typically recoverable.

Lost Income and Earning Capacity

One of the significant financial losses resulting from a wrongful death is the loss of the deceased person’s income. If the person was a primary breadwinner, their death can place a considerable financial burden on the family. Damages for lost income aim to compensate for the wages the deceased person would have earned if they had lived.

In addition to lost wages, the court may also consider the deceased’s future earning capacity. This includes potential salary increases, promotions, or career advancements that would have occurred had the person lived. The longer the deceased would have continued to work, the greater the amount of compensation for lost future earnings.

Loss of Services and Support

Many wrongful death cases involve the loss of not only income but also the valuable services the deceased person provided to the family. This can include things like household maintenance, childcare, and caregiving. A stay-at-home parent, for example, provides critical services to the family that would need to be replaced if they were to pass away. In some cases, damages for loss of services are significant, particularly in families where one person was responsible for much of the household work.

Property Loss

In some cases, there may be damages associated with the loss of property. This could include the destruction or loss of property that was part of the wrongful death event, such as a car in a fatal automobile accident. However, property loss is typically a smaller part of a wrongful death lawsuit compared to the loss of income and services.

Non-Economic Damages

Non-economic damages focus on the emotional and psychological impact that the wrongful death has on the surviving family members. These types of damages are more subjective and harder to quantify but are essential to helping the family heal and cope with the loss.

1. Pain and Suffering

One of the most significant non-economic damages in a wrongful death lawsuit is compensation for the pain and suffering the deceased person experienced prior to their death. If the death was the result of a traumatic event, such as an accident or medical error, the decedent may have suffered physical pain or emotional distress before passing away. This suffering is taken into account when calculating damages.

In addition, surviving family members can receive compensation for their emotional pain and suffering as a result of the loss of their loved one. Grief, loss of companionship, and emotional distress caused by the death can be challenging to cope with. While this type of damage is difficult to measure, it is an important part of the recovery process.

2. Loss of Companionship and Consortium

When a family member dies, the survivors lose the companionship, love, and support that they shared with the deceased. Spouses, children, and parents often experience profound emotional distress from the loss of a loved one. The loss of consortium is a form of non-economic damage that compensates for the loss of the deceased person’s companionship and support.

In the case of a spouse, this could include the loss of emotional intimacy and the day-to-day companionship that is shared in a marriage. For children, it may include the loss of a parent’s love, guidance, and nurturing. The courts recognize the emotional devastation caused by such losses and provide compensation accordingly.

3. Mental Anguish

The shock and trauma caused by the sudden death of a loved one can lead to long-term mental anguish. Surviving family members often experience deep grief, sadness, and even depression after losing someone close. This form of emotional damage is compensable in a wrongful death lawsuit.

Conclusion

Filing a wrongful death lawsuit in Pennsylvania can be a complex process. To succeed, you must prove that the defendant’s negligence or intentional act directly caused the death of your loved one. Having the right legal representation can make all the difference in obtaining fair compensation for your losses.

At Kingbird Legal, we understand the challenges that come with losing a loved one in a wrongful death. Our compassionate attorneys are here to guide you through the legal process and fight for the compensation you and your family deserve. If you have lost someone due to someone else’s negligence, contact Kingbird Legal today to schedule a consultation. Let us help you seek justice and find a path to healing during this difficult time.