How Much Is the Average Wrongful Death Settlement?

The loss of a loved one is an incredibly painful experience, especially when someone else’s negligence or intentional actions causes that loss. Pennsylvania law provides a way for the families of wrongful death victims to seek justice and compensation. However, how much these cases are worth depends greatly on the unique facts of each case.

Many factors can influence a wrongful death payout. You will want to work with a Philadelphia wrongful death lawyer to ensure you pursue fair compensation based on the case facts and your family’s losses. 

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Philadelphia Wrongful Death Guide

• Understanding Wrongful Death Settlements
• Understanding Wrongful Death Settlements
• Pennsylvania Laws Affecting Wrongful Death Settlements
• Average Wrongful Death Settlement Amounts in Pennsylvania
• The Role of Legal Representation in a Pennsylvania Wrongful Death Case
• Does the Type of Accident Affect a Pennsylvania Wrongful Death Settlement?
• Contact Our Team for Your Free Consultation Today

Understanding Wrongful Death Settlements

A wrongful death settlement is a financial agreement reached between the deceased person’s estate (or surviving family members) and the party responsible for the death. Unlike a court verdict, which a judge or jury determines, a settlement is a mutually agreed-upon amount designed to compensate the survivors for their loss without a trial.

This gives the victim’s survivors more control over the outcome of the case while also generally being the quickest and least expensive way to close the case. 

In Pennsylvania, 42 Pa.C.S. § 8301 governs wrongful death claims. This statute allows the personal representative of the deceased’s estate to file a claim on behalf of the surviving family members, typically including spouses, children, and parents. The personal representative is also called the estate executor or administrator. 

Understanding Wrongful Death Settlements

The amount of a wrongful death settlement can vary widely based on several factors. Primarily, this concerns the unique expenses and losses incurred by the survivors because of the loss of their loved ones. This includes economic and non-economic damages, as well as the possibility of punitive damages.

Economic Damages

Economic damages are the financial expenses and losses that occurred because of your loved one’s death.

They include: 

• Medical and Funeral Expenses: One of the most straightforward aspects of a wrongful death claim is the reimbursement of medical expenses incurred before the victim’s death and the costs of the funeral and burial. Pennsylvania law allows a wrongful death settlement to include these expenses.
• Lost Wages and Benefits: The deceased’s potential future earnings form a significant component of a wrongful death settlement. This calculation considers the age, occupation, and expected career trajectory of your loved one, along with the financial support they would have provided to your family. In Pennsylvania, courts often look at the deceased’s income history and use expert testimony to estimate these amounts.

Non-Economic Damages

Non-economic damages are the intangible losses victims and their family members experience from an accident and subsequent death.

They include: 

• Pain and Suffering: Pennsylvania law allows for the recovery of damages related to the pain and suffering endured by the deceased before death. This could include physical pain from the injury or illness leading to death, as well as emotional suffering.
• Family Members’ Emotional Toll: The emotional impact of losing a loved one is immense. Pennsylvania courts recognize this and allow survivors to claim damages for the loss of companionship, guidance, and emotional support. These damages are subjective and can vary significantly from case to case.

Punitive Damages

While less common, Pennsylvania allows punitive damages in cases for the defendant’s particularly egregious or reckless conduct. These damages punish the wrongdoer and deter similar behavior. For example, a jury might award punitive damages if a habitual drunk driver caused a fatal collision.

However, usually courts must award punitive damages if the case goes to trial. Settlement negotiations rarely produce punitive damages. They can result in substantial sums, so your attorney might recommend taking your case to a jury trial if they think you can receive punitive damages. 

Pennsylvania Laws Affecting Wrongful Death Settlements

Pennsylvania has several specific laws that directly affect wrongful death claims, settlements, and lawsuits. You will want an attorney who understands these laws and knows how to navigate the claims process to negotiate a fair settlement. 

The laws you might hear about throughout this process include: 

Pennsylvania’s Wrongful Death Statute (42 Pa.C.S. § 8301)

The Pennsylvania Wrongful Death Act outlines who can file a wrongful death claim and what damages survivors can recover. The personal representative of the estate typically files the claim on behalf of the deceased’s surviving family members or other heirs. This usually includes spouses, children, and parents but can extend to other family members in some cases.

Statute of Limitations

Under Pennsylvania law, plaintiffs must file wrongful death claims within two years of the death. Missing this deadline can result in losing the right to seek compensation. 

The judge in the case could bar you from proceeding with a lawsuit, which often provides the leverage to negotiate a fair settlement. Without this leverage, it can be difficult or impossible to convince the at-fault party’s insurance company to pay an appropriate sum. 

This could leave you and other family members struggling to make ends meet and without justice for your loved one. Acting quickly after your family member’s death to ensure you meet all applicable deadlines will prevent this from happening and protect your right to justice.

Survival Actions

Pennsylvania law also allows for survival actions, which differ slightly from wrongful death claims. The deceased’s estate brings a survival action to recover damages that they could have claimed had they survived their injuries. 

These damages can include medical expenses, lost wages, and pain and suffering experienced by the deceased prior to death. Your wrongful death attorney can discuss the possibility of a survival action with you and help you understand whether this is an option you need to pursue in addition to your wrongful death case. 

Comparative Negligence

Pennsylvania follows a modified comparative negligence rule, which can affect the settlement amount in a wrongful death case. Under this rule, if the deceased is found to be partially at fault for the incident that led to their death, the settlement amount may be reduced. If the deceased is more than 50 percent at fault, the family may not recover any damages.

This is a common claim by defendants and their insurance companies in these cases. Since the victim cannot tell their side of the story, it is sometimes difficult to counter claims that they contributed to their own death in some way. However, your wrongful death attorney will work to mitigate any effects these allegations have on your family’s financial recovery. 

The Role of Legal Representation in a Pennsylvania Wrongful Death Case

Hiring an experienced attorney for your wrongful death action is crucial to securing a fair settlement in these cases. An attorney will navigate the complexities of Pennsylvania law, gather necessary evidence, and negotiate with insurance companies or opposing counsel.

They also ensure that all potential damages are considered, including those that might not be immediately apparent, such as future lost earnings or long-term emotional effects on your children.

How to Reach Settlements

Most wrongful death claims do not go to trial. Instead, they settle outside of court through the negotiation process. Most wrongful death settlements are reached through negotiation between the parties involved. This could occur before or after filing a wrongful death lawsuit in a Pennsylvania civil court. 

Under some circumstances, this process could involve mediation. This is where a neutral third party helps facilitate a settlement agreement. In some cases, if the parties cannot agree, the case may go to trial, where a judge or jury will rule on the final amount.

Insurance companies play a significant role in how wrongful death settlements work. They often try to minimize the amount paid out, which is why having a knowledgeable attorney is crucial. The settlement amount may be limited by the defendant’s insurance policy limits, too. This can affect the final figure the family receives.

Does the Type of Accident Affect a Pennsylvania Wrongful Death Settlement?

Many types of incidents and accidents could support a Pennsylvania wrongful death claim or lawsuit. This includes a wide range of traffic incidents, premises liability injuries, and dangerous product injuries.

If your loved one suffered injuries in any of the following and passed away from their injuries or complications, contact an attorney as soon as possible to discuss your rights and legal options:

• Bicycle Accidents
• Car Accidents
• Construction Accidents
• Dog Bite Injuries
• Drunk Driving Accidents
• Motorcycle Accidents
• Pedestrian Accidents
• Product Liability
• Rideshare Accidents
• Slip & Fall Accidents
• Premises Liability
• Truck Accidents

We provide free consultations. We will assess your case and determine your next steps, including if your family can pursue compensation based on your loved one’s accident, injuries, and untimely death. However, we will not be able to tell you how much your case might be worth during this initial case consultation. 

The value of a wrongful death settlement in Pennsylvania can vary widely based on numerous factors, including the deceased’s earning potential, the circumstances of their death, and the degree of negligence involved. 

Pennsylvania law provides a framework for seeking compensation, but each case is unique, making it difficult to establish an average settlement amount.

Still, what remains clear is the importance of experienced legal representation in these cases. A skilled attorney can help ensure that your family receives the full compensation available under Pennsylvania law, considering both economic and non-economic damages.

Contact Our Team for Your Free Consultation Today

If you lost a loved one due to someone else’s negligence, it’s critical to act quickly to protect your rights and secure a fair settlement. At Hill & Associates, our Personal Injury lawyers in Philadelphia are here to help. We have more than $500 million recovered for individuals and families in cases similar to yours. Your family could be next. 

Contact us online or dial (215) 567-7600 to get started.