At The Slocum Firm, your family’s well-being and the pursuit of justice for your loved one are our top priorities, and we are here to ensure that your voice is heard.

In the aftermath of a tragic loss, pursuing compensation through a wrongful death lawsuit can provide vital financial support and a sense of justice for the surviving family members. 

In Pennsylvania, wrongful death claims aim to hold responsible parties accountable and secure financial relief for those left behind. This compensation can cover many needs, from funeral expenses to lost income and emotional suffering. 

It is critical to understand the various forms of compensation available and how they apply to your specific case. At The Slocum Firm, our Philadelphia wrongful death lawyers are dedicated to guiding you through this complex process, ensuring you receive the compensation you deserve while offering compassionate support during this challenging time.

Types of Compensable Damages in a Pennsylvania Wrongful Death Claim

In a Pennsylvania wrongful death claim, compensable damages are categorized into three main types: economic, non-economic, and punitive. Each category addresses different aspects of the loss experienced by the survivors and aims to provide comprehensive compensation for the impact of the wrongful death.

Economic Damages

Economic damages in a wrongful death case are designed to cover financial losses incurred as a direct result of the decedent’s death. These damages often include funeral and burial expenses, which can be substantial. 

They also compensate for the loss of financial support that the decedent would have provided to their family, such as wages, benefits, and other income. If the deceased was the primary breadwinner, this category of damages can be particularly significant. 

Economic damages can encompass any of the following categories of compensation, depending on the unique circumstances of your case. While all of these do not apply to every case, they are the most common types of economic damages available in wrongful death cases in Pennsylvania.

• Funeral and Burial Expenses: Economic damages cover the decedent’s funeral and burial costs. This includes expenses for the funeral service, casket, burial plot, headstone, and any other related costs. These expenses can be substantial and are compensable to alleviate the financial burden on the surviving family members.
• Loss of Financial Support: One of the primary components of economic damages is the compensation for the loss of financial support that the decedent would have provided to their family. This includes lost wages, salaries, benefits, and other forms of income that the decedent would have earned had they lived. The calculation typically involves assessing the decedent’s earnings prior to their death and projecting how these would have continued.
• Loss of Inheritance: Economic damages also account for the loss of potential inheritance that the decedent would have left to their heirs. This includes the future value of the decedent’s estate, considering their expected lifetime earnings and the assets they would have accumulated.
• Medical Expenses: If the decedent incurred medical expenses related to their injury before their death, these costs are also included in economic damages. This encompasses hospital bills, physician fees, surgical costs, and other medical expenses directly related to the injury that led to the wrongful death.
• Household Services: In cases where the decedent provided valuable services to the household, such as childcare, home maintenance, or caregiving, economic damages may include compensation for hiring professionals to replace these services. The financial impact of losing these services determines the appropriate compensation.

These economic damages are designed to address the immediate and long-term financial repercussions of the wrongful death, providing support to the surviving family members as they cope with their loss. At The Slocum Firm, we ensure that all economic damages are thoroughly evaluated and accurately represented in your wrongful death claim.

Non-Economic Damages

Non-economic damages address the more subjective, emotional impact of the wrongful death. These damages compensate for the loss of companionship, emotional suffering, and the overall impact on the survivors’ quality of life. 

They reflect the deep personal loss felt by family members, including the grief and emotional distress experienced due to the death of a loved one. Unlike economic damages, non-economic damages do not have a clear monetary value and are assessed based on the nature and extent of the emotional impact on the survivors. Key categories of non-economic damages include:

• Pain and Suffering: This category compensates for the emotional distress, anguish, and psychological suffering experienced by the surviving family members due to their loss. It reflects the personal and emotional pain caused by the death, including grief, sorrow, and the overall impact on the survivors’ quality of life.
• Loss of Companionship and Consortium: Non-economic damages also cover the loss of companionship, love, and affection that the decedent provided to their family. This includes the emotional support, companionship, and intimate relationships that the survivors will no longer enjoy due to the decedent’s death. Spouses, children, and sometimes even parents can claim damages for the loss of consortium.
• Loss of Guidance and Nurturing: Damages can be awarded for the loss of guidance, mentorship, and nurturing for survivors close to the decedent, particularly children who have lost a parent. This recognizes the decedent’s role in providing emotional support, advice, and parental care.

• Loss of Enjoyment of Life: This type of damage addresses the reduction in the survivors’ ability to enjoy life as they did before the death of their loved one. It includes the general decline in life satisfaction and the loss of shared experiences and future plans that would have been enjoyed together.
• Emotional Distress: In addition to pain and suffering, compensation may be provided for severe emotional distress that results from witnessing the decedent’s suffering or the traumatic nature of their death. This is particularly relevant in cases where the wrongful death was sudden or involved significant trauma.

Non-economic damages in a wrongful death claim recognize and compensate for the profound emotional and psychological impact of losing a loved one. These damages are often more subjective and can vary greatly depending on the specifics of each case and the relationship between the decedent and the survivors. 

At The Slocum Firm, we understand the importance of securing fair compensation for these non-economic losses and are committed to advocating for your rights throughout the legal process.

Punitive Damages

Punitive damages are less common but can be awarded in wrongful death cases where the defendant’s conduct was particularly egregious or malicious. These damages are intended to punish the wrongdoer and deter others from engaging in similar conduct. 

Unlike economic and non-economic damages, punitive damages are not meant to compensate the survivors but to serve as a form of societal retribution against particularly harmful behavior.

In Pennsylvania, punitive damages are only awarded in cases where the defendant’s actions demonstrate a blatant disregard for the safety and well-being of others. Here’s a closer look at punitive damages in the context of wrongful death claims in Pennsylvania:

• Purpose of Punitive Damages: Punitive damages are awarded not to compensate the plaintiffs but to punish the defendant for their behavior and to set a precedent. They are intended for cases where the defendant’s conduct was particularly malicious, outrageous, or grossly negligent. This type of damage is meant to deter the defendant and others from engaging in similar wrongful conduct.
• Criteria for Awarding Punitive Damages: In Pennsylvania, punitive damages may be awarded if the plaintiff can prove that the defendant acted with a blatant and conscious disregard for the safety and well-being of others or with a deliberate intent to harm. The plaintiff must demonstrate that the defendant’s conduct was more than just negligence. It must be shown that the actions were extreme and outrageous.
• Examples of Conduct Leading to Punitive Damages: Punitive damages are typically considered in cases involving gross negligence, willful misconduct, or intentional wrongdoing. For example, suppose a wrongful death occurs due to a defendant’s deliberate decision to drive under the influence of alcohol or drugs, knowing the severe risks. In that case, punitive damages may be pursued to address the gravity of their actions.
• Limitations and Considerations: While Pennsylvania law allows for punitive damages, they are not automatically awarded in every wrongful death case. The decision to award punitive damages is at the court’s discretion and is based on the case’s specifics. The evidence must clearly show the defendant’s reprehensible conduct, and there must be a clear basis for awarding punitive damages.
• Impact on the Legal Process: Pursuing punitive damages can add complexity to a wrongful death case, as it requires additional evidence and often involves a separate phase in the trial. The Slocum Firm’s experienced Philadelphia wrongful death attorneys can help navigate these complexities, ensuring that all aspects of your case, including the pursuit of punitive damages, are effectively managed.

At The Slocum Firm, we understand the importance of seeking justice for wrongful death cases and are committed to advocating for all forms of compensation, including punitive damages, when appropriate. We aim to hold the responsible parties accountable and achieve the best possible outcome for you and your family.

Understanding these categories of damages helps survivors and their legal representatives accurately assess the full scope of compensation available and ensures that all aspects of the financial and emotional impact of the wrongful death are addressed in the claim. At The Slocum Firm, we are committed to navigating the complexities of wrongful death claims to secure the maximum compensation for your family’s loss.

Does Pennsylvania Impose Caps on Wrongful Death Damages?

Pennsylvania has no cap on the amount of damages that can be awarded in wrongful death cases. This means that plaintiffs can seek total compensation for their losses without a statutory limit on the damages. 

Pennsylvania law allows for recovering economic damages, such as funeral expenses and lost financial support, and non-economic damages, including pain and suffering and loss of companionship. While there are no caps, the amount awarded will be determined based on the case’s specifics, including the evidence presented and the impact of the defendant’s actions. 

This approach aims to ensure that the compensation reflects the true extent of the harm suffered by the surviving family members.

Settlement Distribution

In Pennsylvania, the distribution of proceeds from a wrongful death settlement follows specific guidelines designed to ensure that compensation is fairly allocated among the surviving family members. 

Typically, the court will oversee the distribution process to ensure that the funds are divided according to each beneficiary’s needs and legal entitlements. The proceeds are first used to cover any outstanding debts and expenses related to the deceased’s death, including funeral costs and any legal fees incurred during the litigation process. 

Once these expenses are settled, the remaining funds are distributed to the beneficiaries under Pennsylvania’s intestacy laws or as specified in the wrongful death settlement agreement.

The division of settlement proceeds generally prioritizes immediate family members, such as spouses, children, and sometimes parents, depending on the deceased’s familial structure. 

In cases where multiple beneficiaries are involved, the court may consider factors such as financial dependency, emotional loss, and individual needs when allocating the funds. The aim is to ensure that each beneficiary receives an equitable share reflective of their relationship to the deceased and their financial and emotional losses. 

It is important for surviving family members to work closely with their attorneys to understand their rights and the process of distributing settlement proceeds to ensure a fair and just resolution.

The Slocum Firm Can Help Your Family

In the wake of a tragic loss, pursuing a wrongful death claim can provide a crucial avenue for seeking justice and obtaining the compensation your family deserves. 

At The Slocum Firm, our Philadelphia wrongful death lawyers understand the emotional and financial strain that comes with losing a loved one due to someone else’s negligence. 

If you have lost a loved one and believe their death was caused by negligence, don’t navigate this difficult journey alone. Contact The Slocum Firm at (570) 209-7376 for a comprehensive and confidential consultation. Let us help you seek the justice and financial relief your family needs during this challenging time.