The damages that may be available to the surviving family members of someone killed in an accident range from economic to non-economic. Compensation for these damages is meant to help ease the financial and emotional burden placed on the family, as well as provide a sense of justice for their loved one’s untimely death.
At The Rothenberg Law Firm, we want to help surviving family members understand what damages are available in a wrongful death case in Philadelphia, how you can pursue them with the help of our wrongful death attorneys, and what factors can affect the total compensation received.
What Compensation Can I Recover For The Wrongful Death of a Loved One?
Economic damages available.
Tangible losses, or those that can be easily quantified, are typically called economic damages. These damages are meant to cover the financial costs associated with a loved one’s death and any resulting expenses for the family.
Examples of economic damages surviving family members can recover in successful claims includes but is not limited to:
- Medical bills related to the deceased’s final injury or illness
- Loss of financial support that would have been provided by the deceased
- Loss of benefits, such as health insurance or retirement plans
- Funeral and burial expenses
- Costs associated with household services that were performed by the deceased, such as childcare or housekeeping
In Philadelphia, there is no cap on the damages you can recover. This means that with the help of experienced wrongful death lawyers like the ones at The Rothenberg Law Firm, you may be able to recover the full extent of accident-related costs and expenses.
Non-economic damages available.
Intangible losses, or those more difficult to quantify, are called non-economic damages. These damages are meant to compensate for the emotional and psychological toll of losing a loved one.
Examples of non-economic damages that surviving family members may be able to recover include but are not limited to:
- Pain and suffering experienced by the deceased before their death
- Loss of companionship, guidance, and support from the deceased
- Mental anguish and emotional distress suffered by surviving family members
Currently, there is no cap on non-economic damages for these cases in Philadelphia. With strong evidence and representation from our attorneys, you may be able to recover significant compensation for these damages.
How Much Compensation Can I Recover For the Wrongful Death of A Loved One?
There is no set standard for the amount of compensation that can be recovered in a claim or lawsuit. The total amount will depend on case specifics, including but not limited to:
- The level of negligence or fault of the party responsible for the death
- The age, occupation, and earning potential of the deceased
- The number of surviving family members and their relationship to the deceased
- The impact of the death on each individual family member’s life
- Any evidence of emotional distress or suffering experienced by the surviving family members
Based on these criteria, the total amount of compensation recovered with the help of a lawyer can vary greatly. However, due to the severity and permanence of the loss, these cases tend to result in favorable compensation in general.
To get a more accurate assessment of how much your claim could be worth, schedule a free case evaluation with a reputable personal injury law firm.
Who Is Eligible to Recover Compensation in a Philadelphia Wrongful Death Claim?
Losing a loved one due to someone else’s negligence is devastating, and understanding who can take legal action is an essential first step toward justice.
Under Pennsylvania law, individuals eligible to file a claim include:
- The personal representative. The person responsible for managing the deceased’s estate, known as the personal representative, typically files the claim. This individual is either appointed in the deceased’s will or by the court if no will exists. They must file the claim within the first six months after the death.
- Beneficiaries. If the personal representative doesn’t act within six months, any of the deceased’s beneficiaries can step in to file the claim. Depending on the situation, beneficiaries may include close family members, such as the spouse, children, or parents.
Filing a claim can feel overwhelming, especially during a time of grief. That’s why acting quickly and working with compassionate attorneys who can guide you through the process is essential.
What Qualifies as a Wrongful Death in Pennsylvania?
In Pennsylvania, a wrongful death is defined as a death caused by the negligence or intentional act of another person. This includes situations such as:
- Motor vehicle accidents caused by another driver’s negligence
- Medical malpractice resulting in death
- Workplace accidents caused by employer negligence
- Acts of violence or assault leading to death
Essentially, any situation where someone else’s actions directly lead to the death of an individual can potentially be considered a case worth pursuing.
If you are unsure whether or not your loved one’s death qualifies as wrongful, it is best to consult with a knowledgeable attorney who can provide guidance and help gather evidence to support your claim.
How Can A Lawyer Help?
Hiring a lawyer to help pursue compensation provides more than just compassionate legal representation. A lawyer can also:
- Analyze the circumstances surrounding the death and help gather evidence to support your claim.
- Handle all communication with insurance companies and other parties involved, taking the burden off you during this difficult time.
- Accurately calculate damages based on medical bills, lost income, and other expenses related to the death.
- Negotiate on your behalf for a fair settlement or represent you in court if necessary.
Without their help, those fighting for compensation may run into obstacles such as:
- Diminished or denied settlements. Insurance companies don’t always consider your best interests and may offer less compensation than you deserve. A lawyer can negotiate for a fairer settlement or take the case to trial if needed.
- Failure to meet deadlines. In Pennsylvania, there are strict time limits for filing a claim. An experienced attorney can ensure all necessary paperwork is filed on time so that you and other potential beneficiaries of a claim don’t miss out on deserved compensation.
- Difficulty proving fault or damages. These cases require extensive evidence to demonstrate that another party was responsible for the death and that survivors suffered damages as a result. A lawyer can assist in gathering this evidence and building a strong case.
Hiring a lawyer who is well-versed in Philadelphia’s wrongful death laws and has experience handling these cases may significantly increase your chances of recovering fair compensation for your loss.
If you believe you have a case, don’t hesitate to seek legal advice and take the necessary steps to fight for justice and recover damages for your family.
How Is a Wrongful Death Settlement Divided in Pennsylvania?
When a settlement is awarded in Pennsylvania, the division depends on the number and relationship of the deceased’s surviving loved ones. Here’s a breakdown of how the process works:
- If a surviving spouse has no children, the spouse receives the entire settlement.
- If a surviving spouse and children are left, the spouse receives the first $30,000 of the settlement and half of the remaining amount. The other half is divided equally among the children.
- If no spouse survives, the entire settlement is divided equally among the deceased’s children.
There are mitigating factors that can affect how settlements are handled if the immediate family members mentioned above are not present or if other extenuating circumstances require a custom distribution that deviates from the usual norm:
- Presence of parents or siblings: If there is no surviving spouse or children, the settlement may go to the deceased’s parents. The remaining proceeds might be distributed to siblings if the parents are also not living.
- Intestacy statute: Pennsylvania’s intestacy laws govern the distribution of wrongful death settlements in scenarios where no direct descendants or spouse exists, ensuring that more distant relatives may receive compensation based on legal priorities.
Beyond determining who receives the settlement, payouts in Pennsylvania include unique features designed to simplify the process for surviving family members:
- Proceeds go directly to beneficiaries. The settlement is distributed directly to the eligible family members, bypassing the deceased’s estate and avoiding delays from estate debts.
- Settlement amounts are not taxable, and beneficiaries are not required to pay income taxes on their share, as wrongful death damages are not considered taxable income. However, there may be tax implications for survival action settlements.
- Wrongful death proceeds are exempt from probate, which allows families to avoid the time-consuming and often costly probate process.
Given the complexity of these rules and mitigating factors, consulting experienced wrongful death attorneys can provide clarity and ensure that the settlement is distributed fairly according to Pennsylvania law.
What Are the Differences Between Wrongful Death and Survival Actions?
While both types of claims arise after a tragic loss and may sometimes be filed together, they serve distinct purposes and address different aspects of the loss.
Wrongful Death Claims
A wrongful death claim focuses on the financial and emotional losses experienced by the deceased’s family members due to their untimely death. This type of claim is filed on behalf of the surviving family members to recover damages for their direct hardships.
These claims are meant to help ease the burden on the surviving loved ones, ensuring they have the resources needed to move forward after their loss.
Survival Actions
Survival actions are concerned with the losses and suffering the deceased endured before their passing. The deceased’s estate files this type of claim and continues any personal injury claim they could have pursued had they survived.
Compensation in survival actions is directed to the estate and later distributed to heirs based on Pennsylvania’s inheritance laws. Examples of damages recoverable in survival actions include:
- Medical expenses related to the injuries or illness leading to the death.
- Pain and suffering endured by the deceased before passing.
- Lost wages for the period between the injury and death, reflecting the earnings the deceased missed due to their incapacitation.
If you’re unsure whether a survival action may apply to your case, consulting with an experienced attorney can help clarify your legal options and ensure your family takes the appropriate steps to honor your loved one’s legacy.
Understanding How They Complement Each Other
Wrongful death and survival actions address different aspects of a devastating loss but often work hand in hand to provide comprehensive compensation. A wrongful death claim supports the surviving relatives, while a survival action ensures justice for the deceased’s suffering and financial contributions lost during their final days.
Because these claims involve distinct processes and types of damages, working with knowledgeable attorneys can help combat challenges to recovering compensation. They can guide your family through both claims, ensuring that your loved one’s memory is honored and your family’s rights are fully upheld.
The Rothenberg Law Firm | Comprehensive and Compassionate Legal Support In Wrongful Death Claims
Losing a loved one doesn’t have to mean losing the safety and security they provided. At the Rothenberg Law Firm, we fight for the rights of surviving loved ones seeking maximum compensation for the passing of a family member.
If you’ve lost a loved one due to negligence or intentional harm, reach out to compassionate personal injury lawyers at The Rothenberg Law Firm online or at 800-624-8888 for a free consultation.
