When a loved one passes away due to another party's negligence or wrongful actions, the surviving family members often face not only financial burdens but also immense emotional distress. In Pennsylvania, wrongful death claims allow families to go after compensation for both economic and non-economic damages. While economic damages cover measurable losses, such as funeral expenses and lost income, non-economic damages address the intangible impact of losing a loved one. Understanding what non-economic damages are and how they are calculated is important for families seeking justice.

Defining Non-Economic Damages

Non-economic damages compensate for the losses that are hard to quantify in monetary terms. They reflect the emotional, psychological, and relational impacts of the deceased's absence. While these damages can never replace the loss, they aim to recognize the pain and suffering experienced by surviving family members.

Examples of non-economic damages in a Pennsylvania wrongful death claim include:

• Loss of companionship and society: This accounts for the emotional and social support the deceased provided to their family.
• Emotional distress: Covers grief, anxiety, and mental suffering caused by the loss.
• Loss of parental guidance: If the person who passed was a parent, their children may claim monetary damages for the loss of care, guidance, and upbringing.
• Loss of spousal consortium: For a surviving spouse, this includes the loss of intimacy, comfort, and partnership.

Pennsylvania law allows family members to claim these damages as part of a wrongful death lawsuit to recognize the emotional toll of their loss.

Who Can Recover Non-Economic Damages?

Under Pennsylvania's wrongful death statute, only certain family members are eligible to recover damages. The priority is given to:

Spouses: 

The surviving spouse can claim damages for the loss of emotional and physical support, as well as companionship.

Children: 

Minor children may receive compensation for the loss of parental guidance, care, and emotional stability.

Parents: 

In cases where the deceased had no spouse or children, the parents can claim compensation for emotional suffering and the loss of their child.

Notably, non-economic damages cannot be pursued by distant relatives, even if they were emotionally impacted by the death.

The Role of Juries in Determining Non-Economic Damages

In Pennsylvania, juries play a significant role in determining the value of non-economic damages. Since these damages are subjective and lack a fixed monetary standard, juries must consider:

• The nature of the relationship between the claimant and the deceased
• The level of dependency on the deceased
• The impact of the loss on the claimant's emotional and mental well-being

For example, a surviving spouse who shared decades of life with the deceased may be awarded higher damages than a distant relative who had limited interaction with the individual. While there are no caps on non-economic damages in wrongful death cases in Pennsylvania, awards must align with the evidence and the unique circumstances of the case.

How Non-Economic Damages Differ from Economic Damages

Knowing and understanding the distinction between economic and non-economic damages is essential for building a comprehensive wrongful death claim. Here's how they differ:

Economic Damages:

• Tangible and easily quantifiable.
• Includes medical bills, funeral costs, and lost income.
• Supported by receipts, bills, and financial statements.

Non-Economic Damages:

• Intangible and subjective.
• Covers emotional suffering, loss of companionship, and other non-monetary impacts.
• Determined based on personal testimonies and expert evaluations.

Both types of damages are important to ensuring the family will receive fair compensation for their loss.

Tips for Strengthening Your Claim for Non-Economic Damages

To maximize the chances of recovering fair compensation for non-economic damages, consider these tips:

1. Document Your Emotional Distress: Keep a journal detailing how the loss has affected your daily life, relationships, and mental health.
2. Leverage Expert Testimony: Psychologists and grief counselors can give expert opinions on the emotional impact of the loss.
3. Showcase the Relationship: Gather photos, videos, and testimonials that demonstrate the closeness of your relationship with the deceased.
4. Work with an Experienced Attorney: Pennsylvania wrongful death laws can be complex. A a wrongful death lawyer will help build a compelling case to substantiate your non-economic damages claim.

By preparing strong evidence, families can provide the jury with a clearer picture of their loss and its emotional toll.

Pennsylvania Statistics on Wrongful Death and Non-Economic Damages

To better understand the scope of wrongful death claims in Pennsylvania, consider the following data:

• Based on information from the National Safety Council, accidental injuries were the third leading cause of death in the US in 2022, with thousands of deaths occurring in Pennsylvania annually.
• Data from the Pennsylvania Department of Transportation indicates that 1,230 fatalities occurred due to traffic accidents in the state in 2022 alone.
• Studies show that non-economic damages can represent up to 50-70% of total compensation awarded in wrongful death cases, highlighting their significance in these claims.

These statistics underscore the prevalence of wrongful death incidents and the importance of non-economic damages in achieving justice for grieving families.

Conclusion

While no monetary award can truly compensate for the emotional void that's left by a loved one's death, non-economic damages play a vital role in Pennsylvania wrongful death claims. They acknowledge the profound impact of the loss on surviving family members, providing some measure of comfort and closure. To navigate the challenges of these claims and maximize compensation, families should seek legal representation from experienced lawyers who can advocate for their rights.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Pennsylvania Wrongful Death Claims can be challenging. Fortunately, you don't need to do it alone. The experienced attorneys at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.