While losing someone close to you is painful enough, when he or she is taken needlessly because of someone’s negligence, the grief and emotional turmoil may be unbearable.
Filling the void is impossible, but the civil justice system can provide resources to families in need following such tragic events. If you have lost a loved one because of the careless or negligent act of someone else, you deserve accountability and compensation.
We at The Waffenschmidt Law Firm, LLC, understand how difficult such times are for families, having worked on many wrongful death cases in more than 32 years of practice. Our Williamsport wrongful death lawyers will bring their comprehensive experience to do everything they can to obtain the compensation you need and deserve for:
Williamsport Wrongful Death Lawyer Guide
Medical Services
Medical expenses related to the deceased's final injury or illness may be recoverable in a wrongful death case.
These can include costs for:
- Ambulance transportation
- Emergency room treatment
- Hospital stays
- Surgeries
- Medications
- Medical equipment
- In-home nursing care
The medical services category covers the expenses incurred in attempting to treat and save the life of the deceased from the time of the injury until their death. These costs can be substantial, especially in cases involving severe trauma or prolonged medical intervention prior to death.
Receipts, invoices, and billing records from healthcare providers and facilities can help document the medical expenses for a wrongful death claim. In some cases, expert testimony from medical professionals may be necessary to establish the nature and extent of the medical services rendered.
Memorial and Burial Expenses
The unexpected loss of a loved one often leaves the surviving family with significant expenses related to memorial services and the deceased's burial or cremation.
These costs are compensable under a wrongful death claim and may include:
- Funeral home services
- Casket or urn
- Cemetery plot or niche
- Headstone or marker
- Officiant fees
- Obituaries
- Flowers
- Catering for memorial receptions
The specifics of what is recoverable will depend on the reasonable costs incurred by the family and the ceremonial wishes of the deceased. Funeral home contracts, cemetery receipts, and other documentation can help substantiate these expenses.
In some cases, the memorial and burial category may also cover the cost of transporting the deceased's remains, especially if the death occurred far from home. Travel expenses for immediate family members to attend the funeral may also be included, depending on the circumstances and jurisdiction.
Injury to the Deceased
This category of damages focuses on the harm suffered by the deceased person from the time of the wrongful act until their death.
It can include:
- Medical expenses incurred in attempting to treat the injury prior to death
- Pain and suffering endured by the deceased due to the fatal injury
- Lost earnings of the deceased from the time of injury until death
- Funeral and burial expenses
The rationale is to compensate the estate of the deceased for losses suffered by the deceased themselves as a result of the wrongful act that led to their death.
Injury to the Deceased Person's Family
The loss of a loved one is a devastating experience that can have far-reaching emotional and personal consequences for the deceased's immediate family members.
In a wrongful death case, the damage category known as loss of consortium aims to recognize and compensate for the profound deprivation suffered by the family due to the untimely death.
Damages in this category go beyond the purely economic losses and focus on the irreplaceable role the deceased played in the lives of their family members. The most significant damages often relate to the loss of the deceased's love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
These intangible elements are essential to the well-being and happiness of the family, and their loss can leave a void that is impossible to fill.
For the deceased's spouse, the loss of consortium may include the loss of the enjoyment of sexual relations. The intimate bond between spouses is a crucial aspect of a marital relationship, and the deprivation of this connection can have a profound impact on the surviving spouse's emotional and psychological well-being.
Children of the deceased may be awarded damages for the loss of their parent's training and guidance.
Parents play a vital role in the development and nurturing of their children, providing them with the necessary life skills, emotional support, and moral compass to navigate the challenges of growing up. The premature loss of a parent can have a significant impact on a child's future success and happiness.
The bond between the deceased and their family members is unique and irreplaceable. The law recognizes that the untimely death of a loved one due to someone else's wrongful actions can have a profound and lasting impact on the family left behind.
By awarding damages for loss of consortium, the legal system aims to acknowledge the significant non-economic losses suffered by the family and provide them with a measure of compensation for their profound grief and the enduring absence of their loved one.
While no amount of money can truly compensate for the loss of a cherished family member, damages for loss of consortium provide the family with the resources and support they need to cope with their loss and move forward with their lives.
An experienced wrongful death attorney can help families understand their rights and pursue the compensation they deserve for the immeasurable losses they have suffered.
Punitive Damages
In cases where the defendant's conduct was especially egregious, malicious, or intentional, punitive damages may be awarded in addition to other compensatory damages.
The purposes of punitive damages are to:
- Punish the defendant for their reprehensible conduct
- Deter the defendant and others from engaging in similar behavior in the future
- Send a strong message that society condemns such wrongful acts
Punitive damages are not available in all wrongful death cases and are reserved for situations involving particularly wanton or reckless conduct. Some states have caps limiting the amount of punitive damages that can be recovered.
Pecuniary Damages
Pecuniary damages, also called economic damages, are intended to compensate the deceased's estate and family for the calculable financial losses resulting from the wrongful death.
Examples include:
- The loss of the deceased's expected earnings, benefits, and inheritance
- The value of goods and services that the deceased would have provided
- The loss of the value of the deceased's household services
- The loss of parental nurturing, care, education, and guidance for the deceased's children
Pecuniary damages look at the financial support and contributions the deceased would likely have made to their family had they not died prematurely. The amount is generally calculated based on the deceased's life expectancy, age, health, earning capacity, and the circumstances of the surviving family members.
Meet With Our Experienced Williamsport Wrongful Death Attorneys
We know that getting in touch with a law firm may be immensely difficult in these times.
Our experience in thousands of cases obtaining millions of dollars for clients allows us to take the most efficient approach to these cases — our Williamsport personal injury lawyers always bring a deep sensitivity to these cases and do everything we can to address all issues and allow our clients to take care of whatever personal business they need to in such times of transition and grief. We are here for you and encourage you to reach out. For your free initial consultation to discuss a wrongful death case with one of our attorneys, call (570) 505-3015.