What Types of Damages Are Possible in a Wrongful Death Case?

September 13, 2022
Media Car Accident Lawyers at Eckell Sparks Can Help You With Your Wrongful Death Case.

Most personal injury cases involve the person who suffered the injury and any negligent parties. When the injury results in death, the pool of plaintiffs expands. For example, a negligent driver might cause a car accident that claims the life of a passenger in another vehicle. The personal representative of the deceased’s estate can file a wrongful death lawsuit. This is either the person named in the will, or a surviving spouse or immediate family member if there is no will.

Wrongful death refers to the death of an individual due to negligent circumstances. For example, a driver who was drunk or speeding and caused an accident that resulted in a death could be liable in a wrongful death suit.

An experienced lawyer can help you to file a wrongful death lawsuit for damages when you lose a loved one because of another party’s negligent actions. The following are common damages in wrongful death suits.

Medical and Funeral Expenses

The National Safety Council (NSC) says the average cost of a death caused by a car accident is $1.75 million. That cost includes lost wages and productivity, medical expenses, administrative costs, motor vehicle damage, and employers’ uninsured expenses.

After the person passes away, funeral expenses can add to the costs. Personal injury protection (PIP) could pay some costs up to policy limits, but PIP coverage is optional in Pennsylvania.

Loss of Consortium

If you are married and lose your spouse, you lose more than a spouse. You also lose the emotional support, socialization, and intimacy that your spouse provided.

Loss of consortium covers such losses and makes it possible for you to obtain compensation. Loss of consortium will not restore your emotional state, but it could help prevent a significant decline in your standard of living.

Loss of Potential Income and Future Earnings

A spouse or close family member might be a primary earner and provider for the family. The loss of income and future earnings caused by a car accident is actionable in a court filing.

Even if the deceased did not work, that person might have provided significant support at home, such as raising the children and maintaining a household. Those are costs that contribute to a loss of potential income and future earnings.

Loss of Parental Guidance

The loss of a parent is a significant blow to the mental health and emotional well-being of a child. The child endures grief that could manifest itself in many harmful ways, including loss of sleep, loss of appetite, and withdrawing from organized activities. When a parent dies in a car accident, their child loses parental guidance.

Other damages might apply in a wrongful death suit. Your attorney can help you identify which ones apply in your situation and will help you with your case.

Media Car Accident Lawyers at Eckell Sparks Can Help You With Your Wrongful Death Case

If you recently lost a spouse or another close family member in a car accident, one of our skilled Media car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. can help. Call us at 610-565-3701 or contact us online to schedule an initial consultation. We are located in Media and West Chester, Pennsylvania, and we serve clients in Delaware County, Chester County, and Montgomery County.