No amount of money can make up for a close family member’s life being unfairly cut short, and the purpose of a wrongful death lawsuit isn’t to assign a dollar value to a human being who prematurely passed away. The goal of this sort of lawsuit is to compensate you for specific damages that you and your family members will experience as a direct result of your loved one’s death in order to minimize the negative impacts this tragedy will have on your lives in the long term.
Every civil claim is different, and damages in Bensalem wrongful death cases can change dramatically from person to person. Making sure you get paid fairly for every single form of harm your family will suffer is one of many things a skilled wrongful death lawyer can provide irreplaceable assistance with in the wake of a fatal accident.
Who Can Receive Damages Through a Wrongful Death Claim?
Under Pennsylvania law, the personal representative for a deceased person can only seek damages through a Bensalem wrongful death lawsuit on behalf of specific family members. If the deceased person has a surviving spouse and surviving children, the spouse gets the first $30,000 of the money recovered through the claim and then half of what remains, with the rest being split evenly between the surviving children.
If the deceased person has a surviving spouse and surviving parents but no surviving children, the spouse still gets the first $30,000, but the remaining money would be split evenly between the spouse and the surviving parents. Finally, if there is no surviving spouse, the money would be split evenly among surviving children or, if there are also no surviving children, among the surviving parents of the deceased person. If none of these family members survive the deceased person, the personal representative can seek money on the estate’s behalf, which can be distributed to next of kin once that estate goes through probate.
Recovering for Specific Losses Caused by a Wrongful Death
Both economic and non-economic damages can be included in a Bensalem wrongful death case, which means it’s possible to recover both for losses with objective financial values and for losses that you have to value subjectively based on your own unique experiences. Losses that commonly factor into claims of this nature include:
- Costs of funeral and burial services
- Costs of estate administration services
- Medical bills paid on the deceased person’s behalf
- Lost future financial support, potentially including the lost future value of inheritance
- Loss of help around the house
- Lost love and companionship
- Emotional distress
The losses you and your family members need to recover for may be very different from those another family experiences after a wrongful death. It’s always worth discussing the best path forward for your unique situation with a practiced wrongful death lawyer.
A Bensalem Attorney Can Help Maximize Damages in a Wrongful Death Case
Filing a lawsuit in the name of a deceased family member is never easy, even if you have strong legal grounds to build your claim around. Things can be even harder if you don’t have a clear idea of exactly what losses you want to seek restitution for and exactly how you’re going to make the case that a specific person should pay you for those losses.
A winning lawyer’s representation can be vital in both regards. Call Ostroff Godshall Injury and Accident Lawyers today to learn more about what you can potentially recover as damages in a Bensalem wrongful death case during a free, no-obligation consultation.
