In Pennsylvania, wrongful death settlements aim to provide financial support for families who have lost a loved one due to another person’s negligence or misconduct. Calculating these settlements involves considering multiple factors, as Pennsylvania law seeks to fairly compensate the deceased’s family for the tangible and intangible losses they experience.
While no amount of money can replace a loved one, working with an experienced wrongful death attorney to secure a settlement can ease the financial strain left by a sudden and tragic loss.
Types of Damages in a Wrongful Death Settlement
Wrongful death settlements in Pennsylvania typically cover two main types of damages: economic and non-economic.
Economic damages address the tangible losses the family faces due to the person’s death. This can include funeral and burial costs, medical bills incurred before the death, and lost wages that the deceased would have earned had they lived. For example, if the deceased were the primary provider, the settlement would factor in their potential future earnings and the financial support they would have provided to the family.
Non-economic damages, on the other hand, focus on intangible losses. This includes compensation for the pain and suffering of losing a loved one, the loss of companionship, and the impact on the family’s emotional well-being. Non-economic damages are more subjective, as they attempt to place a financial value on the emotional void left by the deceased. Pennsylvania law allows the court to determine a fair amount based on the unique circumstances of each case, so these damages can vary widely.
Factors That Influence the Settlement Amount
Several factors influence the amount awarded in a wrongful death settlement, including the deceased’s age, health, and life expectancy. Younger individuals with a long life expectancy often have higher calculated economic damages due to potential lifetime earnings. The deceased’s occupation and earning potential also play a role, mainly if they were a primary income source for the family. Courts consider the deceased’s contributions within the family, such as providing childcare or support, which can influence non-economic damages.
Pennsylvania law also takes into account the unique financial needs of surviving family members. For instance, if the deceased had young children who relied on them financially, the settlement may include additional funds for future needs like education. Ultimately, the financial and emotional dependency of the surviving spouse and family members on the deceased significantly shapes the final settlement amount.
Distribution of a Wrongful Death Settlement
Once a wrongful death settlement is calculated, Pennsylvania law requires that it be distributed among eligible family members. This often includes the deceased’s spouse, children, and sometimes parents. The estate’s representative typically handles the distribution and allocates the funds according to the court’s guidelines or any prior agreements among the family.
Contact a Pennsylvania Wrongful Death Lawyer Today
When your family is going through an unexpected loss as the result of another party’s negligence, you deserve dedicated and skilled legal support in pursuing a wrongful death claim. The team at SMT Legal brings decades of experience to cases like yours, and we’ll fight to recover what your family needs and deserves. Contact us today to share your story in a free initial consultation.
