Average Wrongful Death Lawsuit Payout in PA

Losing a loved one is devastating. When someone else’s negligence causes that loss, the pain is compounded by anger, confusion, and uncertainty. You have a million things on your mind, including whether you should pursue a wrongful death case.

People in this situation often ask us what the average wrongful death lawsuit payout is. The truth? There is no simple average. Every case is different. The final payout depends on a wide range of factors.

In this blog post, we’ll explain the basics of what goes into calculating a wrongful death lawsuit payout. It might seem complicated, but remember: You don’t need to completely understand everything. That’s what we’re here for.

You’re grieving, trying to make sense of your new reality. It’s overwhelming. Lean on us. At Rosen Justice Injury Lawyers, we have won millions in settlements. We have 75 years of combined experience. We’re prepared to fight for the justice your family deserves.

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How Much Is a Wrongful Death Lawsuit Worth?

Determining how much a wrongful death lawsuit is worth depends on the unique circumstances of each case.

Here are some of the most critical factors that go into the calculation.

Age

The age of the deceased plays a considerable role. A younger person typically means more years of potential income lost and possibly more financial support that their family has been deprived of. Juries and insurance companies consider life expectancy and future earning potential when calculating damages.

Health

If the deceased had pre-existing health conditions or a shorter life expectancy, it can reduce the projected value of a wrongful death claim. Healthy individuals are assumed to have had more working years and potentially a longer life to enjoy with their family.

Occupation

Occupation is a key indicator of earning capacity. Was your loved one a high earner? Were they expected to climb higher in their career? Or were they unemployed or retired? These details weigh heavily in determining the compensation amount.

Comparative Negligence

Pennsylvania follows a rule called comparative negligence. This means that if your loved one was partially responsible for the accident that caused their death, compensation can be reduced proportionally.

For example, if they were found to be 20% at fault, the wrongful death lawsuit payout would be reduced by 20%. If they were more than 50% at fault, you may not be able to recover damages at all. This is why having experienced attorneys on your side is crucial. At Rosen Justice Injury Lawyers, we thoroughly investigate accidents so we can identify the accurate apportionment of fault. We stand up to insurance companies that try to take advantage of our clients in partial fault situations.

What Is the Statute of Limitations for Wrongful Death?

In Pennsylvania, the statute of limitations for filing a wrongful death claim is two years from the date of death. That may sound like a long time, but investigations take time, evidence can disappear, and legal delays are common. If you miss the deadline, you lose your right to file entirely.

Survival Action

Survival actions are a different type of legal claim often filed alongside wrongful death lawsuits. A survival action seeks compensation for the pain and suffering your loved one experienced before they passed. The statute of limitations here is two years from the date of injury, not the date of death. This distinction matters, especially in cases where the victim survived for a period before passing.

What Situations Can Cause a Wrongful Death?

A wrongful death can occur in a variety of situations, including:

Slip and fall accidents. Unsafe property conditions often cause slip and fall accidents.
Motor vehicle accidents. These accidents include car, truck, and motorcycle collisions caused by speeding, drunk driving, or distracted driving.
Product liability. Defective or dangerous products can lead to fatal injuries.

Other examples include medical malpractice, workplace accidents, and violent crimes. If another party’s negligence or wrongful act contributed to your loved one’s death, you may have grounds for a lawsuit.

Who Can Receive a Wrongful Death Payout?

Certain family members are entitled to receive damages in wrongful death cases. This includes the deceased’s:

Spouse,
Children, and
Parents.

The compensation is distributed among the family members based on Pennsylvania’s laws of intestacy, which are the same rules used if someone dies without a will.

Creditors of the deceased do not have a claim to this payout.

If none of these family members are living or eligible, the personal representative of the deceased’s estate may file a claim to recover specific costs, like medical or funeral expenses.

What Is a Wrongful Death Settlement?

A wrongful death settlement is an agreement reached outside of court between the family and the at-fault party or their insurance company. A trial, on the other hand, involves taking the case before a judge and jury.

Most cases settle out of court because it’s faster and less expensive. Settlement also gives families more control over the outcome. At Rosen Justice Injury Lawyers, we’re prepared to go to trial if needed, but we’re also skilled negotiators who’ve secured millions in settlements for our clients.

Part of our job at Rosen Justice Injury Lawyers is to protect you from insurance companies low-balling you in settlement negotiations. We work to determine what a case should really be worth and don’t just rely on what an insurance company calculates.

What Damages Can Be Claimed for a Wrongful Death?

Pennsylvania law allows families to recover economic and noneconomic damages in a wrongful death lawsuit payout. In some cases, punitive damages may also be awarded.

Economic

You can think of economic damages as losses that would appear on a bill or a pay stub. They include:

Lost wages and future earnings,
Funeral and burial costs, and
Medical bills.

Part of our job at Rosen Justice Injury Lawyers is to help you collect all the paperwork you need to prove these damages.

Noneconomic

Noneconomic damages are more intangible. They include:

Loss of companionship and emotional support,
Pain and suffering,
Loss of guidance for children, and
Mental anguish.

We can guide you in the process typically used to determine a dollar amount for these damages.

Punitive

These are rare and only awarded when the at-fault party’s actions were especially reckless or intentional. Their purpose is to punish, not compensate.

Call Us Today

At Rosen Justice Injury Lawyers, our wrongful death attorneys have over 75 years of combined experience. We’ve recovered millions of dollars in wrongful death settlements and verdicts. If you’ve lost someone due to negligence or intentional wrongdoing, we’re ready to fight for you.

Call us today for a free consultation. You pay nothing unless we win. We serve clients in Philadelphia, Delaware County, Montgomery County, and Bucks County. Let us help you get the justice you deserve.

References:

Death Action. 42 Pa. Code § 8301 link