Wrongful Death Lawyer Pittsburgh

Losing a loved one due to someone else’s negligence is heartbreaking. If your family is facing the tragic aftermath of wrongful death, Porta-Clark & Ward will provide compassionate legal support. Our Pittsburgh wrongful death lawyers will fight for justice and the compensation your family deserves. Contact us at (412) 921-7350 for a free consultation.

How Are Damages Calculated in a Wrongful Death Case?

Losing a loved one because of someone else’s negligence is devastating. When a wrongful death occurs, surviving family members may be entitled to compensation. However, determining how much a case is worth is complex. Various factors influence the final settlement or court award, including financial losses, emotional suffering, and future earnings. If you are pursuing a wrongful death claim in Pittsburgh, understanding how damages are calculated can help you navigate the legal process.

Economic vs. Non-Economic Damages

Wrongful death cases typically involve two primary types of damages—economic and non-economic. Each plays a critical role in determining the overall compensation.

Economic Damages

These are tangible, measurable losses that can be easily quantified. Economic damages often include:

Medical expenses – If the deceased received medical treatment before passing, the costs of hospital stays, surgeries, medications, and other care are typically included.
Funeral and burial costs – Families can seek reimbursement for the funeral, burial, or cremation expenses incurred due to the wrongful death.
Lost wages and benefits – If the deceased was the primary breadwinner, the claim may seek compensation for the income they would have earned throughout their lifetime. This includes wages, bonuses, pensions, and retirement benefits.
Loss of household services – If the deceased provided essential services such as childcare, home maintenance, or caregiving, the cost of replacing those services may be factored into the claim.

Non-Economic Damages

These losses are more subjective and difficult to calculate. Non-economic damages recognize the emotional toll of losing a loved one. Examples include:

Pain and suffering – Some states allow compensation for the pain and suffering the deceased experienced before death. Pennsylvania law limits this to cases where the deceased survived for some time after the injury.
Loss of companionship – Family members can seek damages for the emotional impact of losing a loved one’s support, guidance, and affection.
Mental anguish – Surviving family members may receive compensation for the emotional distress caused by their loss.

Because non-economic damages do not have a set financial value, courts consider factors like the deceased’s role in the family, the nature of their relationships, and the overall impact of the loss.

Who Can Recover Damages?

Pennsylvania law determines who is eligible to receive compensation in a wrongful death case. The right to file a claim typically belongs to the personal representative of the deceased’s estate, but any damages awarded go to specific beneficiaries. These generally include:

The spouse of the deceased
Children of the deceased
Parents of the deceased

If there are no immediate family members, compensation may be distributed according to Pennsylvania’s intestate laws. Unlike some other states, Pennsylvania does not allow siblings or distant relatives to file a wrongful death claim unless they are direct dependents.

Factors That Influence the Final Compensation Amount

No two wrongful death cases are alike. Many different factors influence the final settlement or jury award. Key considerations include:

The deceased’s age and health – Younger individuals with a long expected lifespan often result in higher compensation due to lost future earnings.
Earning capacity – If the deceased was a high-income earner or had strong career prospects, the value of lost wages increases.
Medical and funeral expenses – The actual costs incurred due to the wrongful death are factored into the claim.
Level of dependency – If surviving family members were financially dependent on the deceased, their financial hardship is considered in the settlement.
Circumstances of the death – If the negligence was particularly egregious, punitive damages may be awarded to punish the responsible party.

The Role of Punitive Damages

While most wrongful death cases focus on compensatory damages, punitive damages may also apply in extreme cases. These damages are not intended to compensate the family but rather to punish the defendant and deter similar behavior in the future. Punitive damages are typically awarded when the responsible party’s actions were reckless, malicious, or grossly negligent.

Calculating Future Earnings and Financial Losses

One of the most challenging aspects of a wrongful death case is determining future lost earnings. To estimate this amount, legal and financial experts analyze several factors:

The deceased’s salary and employment history
Potential raises, promotions, and career advancements
Benefits such as health insurance, retirement contributions, and bonuses
Life expectancy and expected working years

Expert testimony from economists or financial analysts is often used to create an accurate projection of lost earnings. These calculations help ensure families receive fair compensation for future financial losses.

Settlement vs. Trial

Many wrongful death cases settle before going to trial. Settlements are often preferred because they provide a guaranteed amount of compensation without the unpredictability of a jury decision. However, if a fair settlement cannot be reached, taking the case to court may be necessary.

During a trial, a judge or jury will evaluate the evidence and determine the appropriate amount of damages. While trials can result in higher compensation, they also involve additional legal expenses and extended waiting periods. An experienced Pittsburgh wrongful death attorney can help families decide the best course of action.

Seeking Legal Guidance

Wrongful death cases are legally and emotionally complex. Families grieving the loss of a loved one should not have to navigate the legal system alone. Working with a knowledgeable personal injury lawyer ensures that all damages are properly accounted for, maximizing the potential compensation.

If you have lost a loved one due to negligence in Pittsburgh, an attorney can help you understand your legal rights and pursue the justice your family deserves. From gathering evidence to negotiating settlements, legal professionals play a crucial role in securing a fair outcome.

Seek Justice with a Wrongful Death Attorney

For families facing the overwhelming process of filing a wrongful death claim, seeking experienced legal guidance is essential. A skilled attorney can help ensure all aspects of compensation are considered, providing the best chance of financial stability during an incredibly difficult time. Porta-Clark & Ward will guide you through this process with compassion and experience. Contact our wrongful death attorneys at (412) 921-7350 for a free consultation in Pittsburgh today.