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Recently we have been diving into the intricate world of wrongful death cases. Our aim is to shed light on what you can claim in such cases and the various elements that contribute to determining their value. Join us as we explore the complexities of loss, pecuniary interests, and survivor claims.
What Can Family Claim for Damages?
In wrongful death cases, there are two crucial elements to consider: the wrongful death aspect and the Survivor Act. These elements often intertwine, but they play distinct roles in establishing the damages incurred due to someone else’s negligence.
Loss of Pecuniary Interest
One significant aspect of a wrongful death claim is the “loss of pecuniary interest.” This term refers to the loss that a family sustains due to the passing of a loved one. Considerations include emotional support, especially when it involves the loss of a mother who plays a vital role in raising children. Additionally, if the deceased was the primary earner, there is a claim for the loss of earning capacity projected into the future.
Survivor Act Claims
Under the Survivor Act, claims extend beyond the loss experienced by the family. Here, a claim for pain and suffering is pertinent. For example, if an individual does not succumb to the incident immediately but undergoes prolonged suffering, such as days in the hospital, there is a separate element of damages that can be pursued.
Maximizing Compensation
The dynamics of the family relationship can influence the award. In a recent case, the wife, who had a closer relationship with the deceased, received a higher award than the father, who had moved on to form a new family. This illustrates how the closeness of relationships plays a crucial role in determining damages.
In conclusion, wrongful death cases demand a nuanced understanding of the various elements that contribute to determining damages. At Tully and Tully, we have over 45 years of combined trial experience and we are committed to helping you through this challenging time. If you have lost a loved one due to someone else’s negligence, do not hesitate to reach out. We are here for you!
Our main focus is honesty. We always preach it. We are passionate about trying to help any injured person or family member with their case. Questions about the blog? CALL US!
Bernard Tully Allegheny Wrongful Death Lawyer. Phone: 412-281-8700 and 1-800-518-0050
