Types of Damages

Types of Damages in Wrongful Death Cases Generally Fall Into Two Categories

Damages in a wrongful death case are meant to compensate for losses resulting from the death of a family member. In general, damages can be categorized into one of two groups. There are damages that can be objectively measured by specific, clearly determined costs, such as medical bills, loss of income and funeral expenses. And then there are subjective damages that call for the experienced legal advocacy of a wrongful death case attorney. At Flager & Yockey, P.C., we can help you sort through this complex matter.

"Objective" damages may be calculated by costs such as ones mentioned above, as well as loss of benefits, such as employer-provided health insurance, that must now be paid out-of-pocket

"Subjective" damages are based on other, less specific determinations, such as:

  • Emotional trauma of the survivor's family members
  • Pain and suffering endured by the deceased
  • Punitive damages, should the cause of death be found to be especially egregious

Pennsylvania law allows you to recover damages to the extent a jury finds it fair and just in relation to the injury resulting from your loved one's death.

New Jersey's Wrongful Death Act does not allow for recovery for emotional distress caused by the death of the victim. A separate tort action for the negligent infliction of emotional distress is required.

Calculating damages is complex. Some factors used in the process include:

  • How dependent the plaintiff (the person filing a lawsuit) was on the decedent (the person who died)
  • The anticipated earnings and other benefits of the decedent
  • The anticipated lifespan of the decedent
  • The nature of the relationship between the plaintiff and the decedent
  • The presence of any comparative fault

Contact a Wrongful Death Lawyer with Our Firm

Wrongful death cases are complicated. Let us be your advocate. Contact Flager & Yockey, P.C. Our seasoned attorneys serve Northeast Philadelphia, Lower Bucks, the Poconos, Harrisburg and communities throughout Pennsylvania and New Jersey. When you are represented by us, you get an determined attorney who will aggressively fight for your rights. Let our experienced legal team assist you or your loved one with your wrongful death case.

You deserve justice. We can help. Call (215) 953-5200 or 1-888-470-1099 today.

Your initial consultation is free. You don't pay us unless you win.