How Is Compensation Calculated in a Pennsylvania Wrongful Death Matter?

December 5, 2024

How Is Compensation Calculated in a Pennsylvania Wrongful Death Matter?

At Crichton Law, we understand that losing a loved one is an emotional and challenging experience, especially when the death is due to someone else’s negligence. In such cases, the law provides the right for certain family members to pursue compensation through a wrongful death claim. If you're navigating this difficult process in Philadelphia, our experienced personal injury attorneys can guide you through every step of a Pennsylvania wrongful death matter.


Understanding Wrongful Death Claims in Pennsylvania


A wrongful death claim is a legal action brought by the survivors of someone who has died due to another party’s wrongful act or negligence. In Pennsylvania, such a claim can be filed by the personal representative of the deceased person’s estate. The claim seeks to compensate the family members for the financial and emotional losses they have suffered as a result of their loved one’s untimely death.


But how is compensation calculated in these cases? Pennsylvania law allows for the recovery of two broad categories of damages:


  1. Economic Damages
    : These are tangible, quantifiable losses suffered by the family.
  • Medical expenses: Costs for medical treatment provided to the deceased before they passed, including hospital stays, surgeries, and medications.
  • Funeral and burial costs: Families are entitled to recover reasonable expenses related to laying their loved one to rest.
  • Lost earnings and benefits: This refers to the income the deceased would have likely earned and contributed to their family had they lived. It can also include retirement and pension benefits.
  • Loss of services: The value of household contributions, care, and support the deceased provided.

  1. Non-Economic Damages
    : These are more subjective but equally important in a wrongful death case.
  • Loss of companionship, comfort, and guidance: Surviving family members may receive compensation for the emotional toll of losing a close relationship with the deceased, such as that between a spouse or parent and child.

Emotional suffering: While difficult to quantify, this form of compensation addresses the mental anguish and grief experienced by family members.


Factors That Affect Compensation


In addition to the categories of damages, there are several other factors that influence the final compensation in a wrongful death matter:


  • Age and health of the deceased
    : The younger and healthier the deceased, the higher the potential compensation, as they would have had more years to contribute financially to their family.
  • The deceased's earning capacity: This includes their profession, level of education, and career trajectory. Higher earners or those with a significant upward career path may result in a higher award.
  • Dependency of survivors: The compensation amount often depends on how much the surviving family members relied on the deceased for financial support and companionship.


Punitive Damages in Pennsylvania


While rare, punitive damages may be awarded in cases where the death was caused by gross negligence or malicious intent. These damages are not meant to compensate the family directly but to punish the at-fault party and deter similar actions in the future.


Why Choose Crichton Law for Your Wrongful Death Case?


At Crichton Law, we understand that no amount of compensation can replace the loss of a loved one, but securing a fair settlement can alleviate the financial burden and help your family move forward. Our skilled attorneys are dedicated to guiding Philadelphia families through the legal complexities of wrongful death claims and fighting for the compensation you deserve.


We are committed to providing compassionate and effective legal representation, ensuring that the process is as smooth and stress-free as possible for you during this trying time. If you’ve lost a loved one due to someone else’s negligence, contact Crichton Law today to discuss your legal options.

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