Experienced Injury Attorney Fighting for Wrongful Death Damages for Families of Victims throughout Philadelphia
There are two types of damages a Pennsylvania wrongful death lawyer can help you collect in a comprehensive wrongful death lawsuit: wrongful death damages and survival damages.
There is a unique legal approach required for each type of damages and they must be sought in a separate claim. Rest assured that Mr. Penneys has the knowledge and experience necessary to cover all bases making sure your lawsuit is comprehensive and representative of the full extent of your incurred financial losses.
Pennsylvania Wrongful Death Damages
The child, spouse or parent of the deceased victim can seek out wrongful death damages. These cases seek compensation for a plaintiff and the plaintiff’s financial losses as a result of the death of their loved one. Wrongful death damages include:
- The medical expenses paid prior to a victim’s death if any exist.
- The expense of a funeral.
- The financial support that was lost which used to be provided by the victim.
- Emotional distress as a result of losing a family member and compensation for loss of companionship.
Pennsylvania Survival Damages
Survival damages are sought on behalf of the decedent. In other words, one family member “stands in” for the victim of the fatal auto accident in Pennsylvania. A spouse, parent, child, or, in some instances, a sibling, can sue for survival damages. Both survival damages and wrongful death damages can be sought by the same family member. However, whereas wrongful death damages can be sought by many family members for the loss of the same loved one, only one family member can seek survival damages. Survival damages include:
- Any medical expenses that were paid previous to the victim dying.
- Any wages the victim lost while they spent time at the hospital.
- The lost earning capacity that came as a result of a disability.
- The physical pain endured.
- Emotional and mental torment that was a result of the victim’s injuries.
Wrongful Death Punitive Damages
In some wrongful death claims, punitive damages are recoverable if the victim survived the accident, however briefly, or if the property of the victim was damaged or lost before death. The only time brief survival or property damage are not necessary to obtain punitive wrongful death damages is when the wrongful death resulted from a homicide for which the defendant has been convicted of a felony. In many cases, the survival action may be joined with the wrongful death claim and litigated at the same time.
Contact a Philadelphia Wrongful Death Attorney to Help You Today!
Although both Pennsylvania wrongful death and survival lawsuits are highly technical processes, Philadelphia personal injury lawyer Jeffrey Harlan Penneys knows how to handle them with skill, and has helped hundreds of families through the emotionally-challenging process of seeking compensation through a wrongful death lawsuit in Pennsylvania for the last 17 years.
Call Jeffrey Harlan Penneys, Esquire at 1-215-771-0430 (Cell) or 800-465-8795 now. You’ll be glad you did.