Click Here To Call Now

Pittsburgh: 412-906-8102

Toll Free: 800-440-5297

Proof Damages in Wrongful Death and Survival Actions in General

Wrongful Death and Survival Actions Pleading, Proving and Valuing


In a wrongful death action the plaintiff must prove the life expectancy of the decedent, the future earning power of the decedent, the probable cost of the personal maintenance of the decedent, and the amount that the decedent would have contributed to his beneficiaries, and it is only if these elements are proved that a rational conclusion can be reached as to the pecuniary loss suffered by the survivors. It is a general rule, equally applicable in wrongful death and survival actions, that the damages need not conform to a standard of mathematical exactness, and it is sufficient if the evidence affords a reasonably fair basis for calculating damages. The law requires only a reasonable quantity of information from which the jury may fairly estimate the amount of damages.

An expert, such as an economist or actuary, may be used to analyze and calculate the overall damages, including past lost earnings from the date of death to the date of trial, reduced by the cost of the decedent's personal maintenance, future lost earning power from the date of trial for the remainder of the decedent's normal life expectancy, reduced by the decedent's personal maintenance, the value of the fringe benefits that the decedent would have received, and the value of the services that decedent would have performed for the benefit of his family.

No Comments

Leave a comment
Comment Information
How can We Help?

How Can We Help? Contact Our Office Today At 800-440-5297 Or Fill Out The Form Below.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Rosen Louik & Perry, P.C.
437 Grant Street Suite 200, The Frick Building
Pittsburgh, PA 15219

Phone: 412-281-4200
Fax: 412-281-2997
Pittsburgh Law Office Map

There is NO FEE unless recovery is made.

Rosen Louik Perry, P.C. Pittsburgh
412-906-8102 1-800-243-5297