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:
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.
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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Every year, thousands of Pennsylvania drivers are injured in car crashes due to drivers’ negligence. These accidents often cause major damage to vehicles and the drivers themselves. While many injuries may be obvious–like a broken arm or open wound–crashes can also cause more complex damage. These hidden injuries go undetected when our bodies’ natural instincts kick in. After an automobile accident, you may experience a rush of energy that helps you act in the moment. Many people report experiencing increased energy and reduced pain after dangerous situations like car accidents. Epinephrine, a hormone and neurotransmitter, is responsible for this physical reaction. You might know epinephrine more commonly as adrenaline. Release of epinephrine, or “adrenaline rushes,” protect you in an accident by activating your flight or fight response and preparing your body to act quickly. But, while adrenaline serves an important role in protecting your body, it can also make you unaware of the symptoms you are actually experiencing by increasing your pain tolerance. This decreases the symptoms experienced from your injuries for a short period of time, but they often appear later when your adrenaline wears off and your body returns to its normal state. Days after the accident, you might experience a severe headache or find that you have a limited range of motion. If you haven’t strained your body since the crash, it’s likely the accident caused these delayed symptoms. Common Hidden Injuries Sometimes, hidden injuries may not manifest for hours or even days after your accident. These injuries range from minor to serious, which is why you should always consult a doctor after an accident even if you don’t feel hurt. If left untreated, these injuries could become severe and impact your quality of life. Common hidden injuries include: Concussions or dizziness Whiplash and muscle pain Neck pain Limited range of motion Back injuries Spinal cord injuries Can I still sue, even if my injuries manifested later? In short, yes. You shouldn’t suffer because of someone else’s negligence! But, it might be harder to hold the negligent driver responsible without a clear connection between the accident and your injuries. Don’t make the mistake of declaring yourself injury-free immediately after an accident. The other driver could use this statement to deflect responsibility if your symptoms don’t manifest until much later. Instead, seek a physician and keep a journal of how and when your injuries present themselves. Medical records will be useful if you decide to take legal action, and your own account can help identify when your symptoms began. As always, the best way to protect yourself in a car accident is to prepare. Learning more about how to protect yourself in an accident will help you avoid common mistakes that could cost you your case. A car accident has caused my mental health to decline. Do I have a case? Car accidents can also have a lasting impact on you and your emotional well being. Your mental health may decline in the days or weeks following an accident. You might also experience common mental health issues, such as Post-Traumatic Stress Disorder (PTSD), anxiety, or depression. Nearly one third of individuals in motor vehicle accidents experience PTSD in the 30 days following a crash. If you are experiencing anxiety or depression, reach out to your doctor or a certified mental health professional to help manage your symptoms. Medical records of your treatment could also provide important evidence in your case later. If a car accident caused you mental distress, you should seek treatment right away. Injured in a car accident? Receive a personalized case consultation today–free of charge! Call (267) 225-3317 or request a consultation. Car accidents are traumatic events and you shouldn’t have to go through it alone. Reach out to an attorney to make your personal injury claim and advocate for you. If you were injured by a reckless or negligent driver, you may be entitled to compensation. You can receive compensation to cover medical bills, lost wages, and emotional suffering. In situations like these, you need a personal injury attorney you can trust. Attorney Crichton has successfully reached fair settlements for his clients’ personal injury claims. Attorney Crichton will gather evidence, interview witnesses, and build a strong case while you focus on recovery. Don’t wait! Call  555-555-5556  today.
Even the best drivers find themselves in the unfortunate situation of a car accident. On average, drivers will each experience three to four accidents over their lifetime. Accidents aren’t always preventable, and if you find yourself in a crash it pays off to be prepared so you can protect yourself after a car accident. Accidents can be traumatic experiences, and a crash may leave you feeling disoriented and overwhelmed. Making the right decisions in the moments after a crash can be difficult to navigate, but with knowledge and preparation you can learn to get the best possible outcome after a crash. 5 Ways to Protect Yourself After a Car Accident: Prioritize your safety first. Immediately after a car accident, pull your car over to a safe, less congested side of the road. Stay calm and move your vehicle out of traffic to reduce the risk of causing another accident or a pile-up. After you’ve reached a safer area, you can assist the other passengers in your car and collect the contact information of the other driver. If you or the other driver is injured, call for emergency medical attention right away. Always call the police. Yes, even if no one was injured! Even if the accident appears minor, law enforcement should come to the scene to document and report on the accident. Official police reports may be important later if you want to recover damages for your injuries. If an officer arrives at the scene and files a crash report, make sure to get the number of the report, the name of the officer, and the contact information of the right office to get in touch with should you want to follow up. You can also request a copy of the crash report online. Do not admit fault! For many drivers, their immediate reaction may be to apologize to the other driver. Although this apology is made in good-faith, it could be damaging later if the driver interprets your words as you admitting responsibility. Admitting responsibility could result in the loss of your case, or even serve as the foundation for the other party building a case against you! Choose your words carefully and don’t take the blame without talking with an attorney first. Gather evidence and document everything. In any accident, you should take down the information of the other driver’s name, insurance, and license plate. Without this information, it is hard to make an insurance claim with the other driver’s company. You should also be prepared to take photos and videos of the scene. Too often, law enforcement is unable to arrive at an accident scene right away. It is up to you to preserve the evidence of your car accident. Do not rely on the other driver or your own memory–the human brain is faulty, especially after a traumatic event! Use your cell phone to take photos of the accident and both your and the driver’s vehicles. You can share these photos with law enforcement and your attorney if you decide to take legal action. Consult an attorney! Car accidents can result in long-term injuries, post-traumatic stress, and undue burdens. You shouldn’t have to navigate this process alone–you need an advocate. With the help of an attorney, you can focus on recovery and have peace of mind. If you were injured due to another driver’s negligence or recklessness, you could be entitled to compensation. Attorney Crichton is an experienced personal injury lawyer who has a long track record of successfully advocating for his clients to reach lucrative settlements or exhaust their insurance policies. Attorney Crichton will work to ensure that you have the best outcome possible and are fairly compensated for your injuries, lost wages, and other damages. Attorney Crichton will collect evidence, review medical records and incident reports, and negotiate with your insurance company on your behalf. You can be assured your case is in good hands! Receive a Free Consult Today! Call  555-555-5556  for a free, personalized case consultation today. All personal injury cases are handled on a contingency basis. That means we don’t get paid unless we win your case!
Elderly family members are vulnerable when they can longer care for themselves. Nursing homes and assisted living facilities–when successful– should provide support, stability, and medical care for your loved ones. However, elderly individuals often face neglect, or in some instances, abuse in their nursing homes. Unfortunately, nursing home neglect and abuse is more common than one might think. COVID-19 caused more issues for nursing homes and revealed chronic issues in understaffing and facility accountability. Since the pandemic, staffing shortages have worsened. A report from Human Right Watch revealed that many residents in nursing homes show concerning symptoms such as dehydration, weight loss and mental and physical decline. The report also highlighted an uptick in nursing home deaths. While many were due to the virus, tens of thousands of nursing home deaths have been due to extreme neglect or other unexplained causes. Advocates are calling on government leaders to hold these institutions accountable. The concern is evident in Pennsylvania too. In 2020, Pennsylvania Attorney General Josh Shapiro took a strong stance on nursing home neglect, by opening several criminal investigations into multiple Pennsylvania Nursing Homes. In February 2021, a nursing home administrator was indicted on federal charges of conspiracy to defraud the United States, healthcare fraud, and obstruction of a federal audit. The administrator had directed staff members to falsify staffing records to meet state and federal guidelines. In reality, the nursing home was understaffed and failed to meet the standards of care expected of facilities accepting Medicare and Medicaid. Signs of Nursing Home Abuse and Negligence Elders experiencing nursing home abuse in their care facilities may exhibit both physical and emotional symptoms. Individuals may be depressed and lethargic or fearful of their nursing staff. Physical symptoms include poor hygiene, bed sores, and injuries from repeated accidents. If you notice suspicious injuries or a drastic change in a resident’s mental health, search for new facilities immediately. Suspected Elder Abuse and Taking Action The best way to prevent nursing home neglect is by being proactive. If you are placing a loved one in a nursing home, be sure to take a tour of the facility. Visiting the nursing home offers an opportunity to see staff and other residents in their day-to-day routine. A visit will help you and your loved one assess if they will be comfortable there. Unfortunately, being proactive doesn’t always prevent negligence. If you suspect that someone you know is subject to nursing home neglect, you should relocate them to a new facility as soon as possible. After relocating your loved one, request medical and treatment records from their previous facility. Official medical records will provide useful information if you choose to pursue legal action. Anyone with information on nursing home negligence or abuse is encouraged to submit a formal report to the Pennsylvania Department of Health. You can file a complaint through an online form, via mail or email. Should I Speak to an Attorney If my Loved One was Abused or Neglected in Their Home? Yes. If you suspect your loved one is experiencing neglect or abuse in their facility, contact an attorney right away. An experienced attorney can help assess whether your family member was a victim of abuse and take immediate action. Nursing home negligence can lead to both civil and criminal charges. A civil lawsuit can help families and victims seek monetary recovery for the damages they experienced from an individual or institution. Compensation can cover emotional and physical suffering and more. Holding those responsible for nursing home neglect can prevent others from experiencing the same abuse. Speak with Attorney Crichton, A Philadelphia Nursing Home Neglect Lawyer Today! Attorney Crichton is an experienced Philadelphia attorney with a strong understanding of nursing home neglect cases. Active in both civil and criminal court, Attorney Crichton has unparalleled knowledge of these legal disputes and will build a formidable case. In these cases, you need an aggressive attorney who will take perpetrators of nursing home abuse and neglect head-on. Call  555-555-5556  to Receive a Free, Personalized Case Consultation! All personal injury cases are taken on a contingency basis. That means you don’t pay us unless we win your case! 
In 2019, approximately 158,000 people were injured in large or commercial truck accidents, up from 134,000 in 2016. Due to their sheer size, trucks can be especially dangerous in crashes. Compounded with the rise of aggressive and distracted driving, commercial trucks can pose a big risk if not safely operated. Commercial trucks include more than the infamous 18-wheelers or semis you see on the highway. Delivery trucks, tractor-trailers, garbage trucks, and more are categorized as commercial trucks. Generally, If a large truck is owned by a company and operated by employees as a condition of their employment, the truck is considered commercial. What Causes Commercial Trucking Accidents? Commercial Trucking Accidents are often caused by overworked, exhausted truck drivers. Many truck drivers are paid per mile–not by the amount of time spent behind the wheel. As a result, commercial truck drivers are incentivized to deliver packages quickly and spend as little time as possible per route. Common causes of commercial truck accidents include drivers: Falling asleep at the wheel or driving while fatigued Texting or using a cell phone Driving while distracted Driving under the influence of illegal substances Trucking accidents can happen at any time and anywhere. According to the National Safety Council, truck accidents are almost equally distributed in urban and rural areas, though most crashes occur off interstate roads. Additionally, nearly two-thirds of trucking accidents happen during the day, though there are smaller numbers of accidents in the earlier months of the year. So, Who is Liable For a Commercial Trucking Accident? According to a legal principle, known as vicarious liability, Pennsylvania employers can be held liable for the injuries inflicted by their employees. That means trucking companies (and other companies) can be held liable for the accidents caused by their employees, even if they did not have a direct impact on the accident! Employers in Pennsylvania can be held responsible for both negligence and intentional harm caused by their employees if the action of the employee furthered the mission or goal of the organization. For example, if a truck driver delivers something for his company, and gets into an accident on their route, the company may be liable for the driver’s negligence. Though many states do not hold employers liable for wrongful acts committed intentionally, Pennsylvania is an exception. What if the Commercial Trucking Company is Not Located in Pennsylvania? Commercial trucking incidents are complex because trucks are regulated by both state and federal rules. If you’ve been injured in a commercial trucking accident, but the company’s headquarters reside elsewhere– do not worry. The company will be subject to all the laws in the state in which the accident occurred, even if their headquarters are based elsewhere. An experienced attorney can help you navigate complex jurisdictional questions. What Should I Do If I’ve Been Injured in a Commercial Trucking Accident? In the event of a crash, make sure you find safety first. After pulling off to a safe shoulder on the road, be sure to get the driver’s contact information and license plate number. Even though the truck driver may not be directly responsible for covering the costs of damages associated with your injuries, you should still get their information. Write down the information of a supervisor or company representative too! Many trucking companies include phone numbers to complaint lines on the back of their vehicles. Additionally, in a trucking accident, you should always call the police. Even if you are not injured, calling the police is essential to insurance claims down the line. Police officers will file a report and record what happened at the scene. Usually, a commercial trucking accident requires an extensive investigation. The investigation begins the moment the accident occurs and the police are required to come out to trucking accidents and submit an accident scene reconstruction. Gathering evidence is important in preserving your claim. After a trucking accident, you may be able to recover compensation for lost wages, medical bills and fees, physical and emotional suffering, and more. Do I Need an Attorney if I’ve Been Involved in a Truck Accident? Yes! An experienced attorney can help you navigate the many difficulties of a trucking accident. Attorney Crichton has extensive experience advocating for clients and securing lucrative personal injury settlements. He will investigate your accident, contact relevant witnesses and experts, and prepare for settlement or litigation. Connect with Attorney Crichton for a FREE Case Consultation! Call  555-555-5556  today for a personalized case consultation. All of our personal injury cases are taken on a contingency basis! That means we don’t get paid unless we get you money.