• Are There any Caps on Wrongful Death Settlements?

    Wrongful DeathWhen you’ve lost a loved one to medical negligence, getting paid money for your loss is likely the last thing on your mind. But once the initial shock has subsided and the grief has become a familiar companion, many people turn to the legal system to hold those responsible for your loss accountable. Though nothing can replace or make up for the loss of your loved one, filing a claim can make you financially whole for your medical expenses, burial expenses and more. When medical negligence has taken place and the person who has been harmed is alive, they file a personal injury claim, and when the negligence results in a death, the victim’s survivors file a lawsuit called a wrongful death claim. Each state has its own laws regarding wrongful death awards and settlements, and it’s important to know what you can expect if you’re about to begin down the road to filing a claim.

    Wrongful Death in the State of Pennsylvania

    In the state of Pennsylvania, there are no limits to the amount of economic damages that can be awarded in a wrongful death case, but it’s important to understand what economic damages are. These are meant to compensate for the actual losses suffered rather than a dollar figure meant to exact punishment on the negligent party. Pennsylvania limits punitive damages in wrongful death cases to two dates the total of compensatory damages.

    Wrongful Death in the State of New Jersey

    Like Pennsylvania in the state of New Jersey, there are no limits to the amount of economic damages that can be awarded in a wrongful death case. But New Jersey does not permit or impose punitive damages in wrongful death claims, and it also does not permit compensation for emotional damages, which are awarded in other states for grief, mental anguish and the like.

    In both Pennsylvania and New Jersey, economic damages include things like loss of future earnings, funeral and burial expenses, loss of inheritance or retirement benefits, and the reasonable monetary value of the person’s companionship, guidance and related benefits of their life. It also covers all medical expenses incurred.

    To file a wrongful death claim proving medical negligence following the loss of a loved one, contact the experienced, compassionate attorneys at Jarve, Kaplan, Granato & Starr.

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