Calculating the economic loss to an estate and its survivors is done differently in most states. Jurisdictional statutes and case law provide the framework for how this calculation is made in a particular venue. Beyond this, each case has its own set of facts and nuances that need consideration in such a calculation.
In Pennsylvania, when there is a wrongful death, compensatory damages are based on the pecuniary value that the decedent would have likely provided to itself and its survivors less the cost to produce such value. Such damages usually include a loss of earnings capacity, fringe benefits and household services.
LOSS OF EARNINGS AND EARNINGS CAPACITY
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