Losing a loved one is a devastating event, no matter the circumstances. However, the pain of the loss is often amplified when your loved one dies in a preventable manner at the hands of another. These situations are deeply emotional and complicated, not only for surviving family members but also in terms of legal proceedings.
If you’ve lost a loved one as a result of another’s wrongdoing, you may have a valid claim for wrongful death. Filing a claim can open the door to your pursuit of compensation. However, many wonder whether there is an average wrongful death settlement. Is there a set amount surviving family members can anticipate getting in a wrongful death settlement?
A wrongful death lawyer can provide personalized guidance to determine the value of your claim and the type of settlement you can expect to receive based on the circumstances. What is most important is that your family takes swift action to start seeking justice and protecting your future after such a devastating event.
What is Wrongful Death?
At its core, wrongful death is a legal term that refers to a situation where someone loses their life due to the negligent, reckless, or intentional actions of another party. This can encompass a variety of scenarios, including:
- Car accidents: These cases often involve negligence, such as speeding, reckless driving, or driving under the influence of alcohol or drugs.
- Medical malpractice: If a healthcare professional fails to provide the appropriate standard of care, and a patient dies as a result, this can qualify as wrongful death. This can include misdiagnosis, prescription drug errors, or surgical mistakes.
- Premises liability: Suffering harm on another’s property, which often includes falls or dog attacks, can result in death, leaving the property owner or tenant open to liability.
- Product liability: When the use of a defective or malfunctioning product brings about death, the designer, manufacturer, or distributor can be held liable.
- Criminal acts: In cases where a person’s death results from a violent crime, family members may pursue a wrongful death claim in addition to any criminal proceedings.
A wrongful, unexpected death can cause extensive financial burdens for surviving family members. For this reason, the law allows families to hold the responsible party accountable and seek compensation to alleviate these stresses.
Who Can File a Wrongful Death Claim?
Typically, the right to file a wrongful death claim is reserved for specific individuals, as outlined by state law.
In some states, certain family members, including spouses, children, and parents, can file a claim. Other states reserve the right to file a wrongful death claim for the victim’s personal representative. When the personal representative handles the case, they do so on behalf of the family and dependents.
A wrongful death attorney can provide clarity on your state’s laws and decide who should handle the claim, if necessary.
Damages for Wrongful Death Cases
Damages for wrongful death are awarded to surviving family members to compensate for expenses and losses stemming from the victim’s death. Damages for wrongful death can vary widely based on the specifics of the case and jurisdiction but can include:
- Funeral and burial expenses: Costs associated with the victim’s funeral, cremation, or burial.
- Medical expenses: Costs incurred for medical treatment prior to the victim’s passing.
- Lost earnings: Compensation for the victim’s lost income, including future earning potential.
- Pain and suffering: Compensation for the family’s pain and suffering caused by the victim’s death. Some jurisdictions also allow financial recovery for the pain and suffering endured by the victim before their death.
- Loss of companionship: Compensation for the emotional loss suffered by family members.
Punitive damages may be assessed in some cases involving intentional harm, gross negligence, or malicious behavior. These additional damages are awarded to punish the wrongdoer and deter similar conduct in the future.
It’s essential to understand the value of your wrongful death claim. Without this information, you may settle for much less than your case is worth. A wrongful death attorney can thoroughly investigate and review the case details to properly calculate your damages and pursue adequate monetary recovery.
Is there an “Average” Settlement in Wrongful Death Cases?
Going into your wrongful death case, you likely want to know what to expect, including how much compensation you anticipate receiving. This may raise questions concerning wrongful death settlements and the average for your type of case.
Because every wrongful death case is so different – including the victim, the defendant, and the circumstances surrounding the death – it’s nearly impossible to say what an average settlement would look like. Although this might be frustrating, your attorney can evaluate your case to show you how much your case is worth and what potential compensation can look like.
Factors Affecting Wrongful Death Settlements
While there are no averages to point to, several factors play a crucial role in determining the amount of compensation that may be awarded in a wrongful death case. Your attorney can review the following details and various others to calculate damages and come up with a fair value.
Circumstances of the Death
The context in which the death occurred can significantly affect the settlement amount. For example, deaths resulting from egregious negligence or intentional harm regularly lead to higher settlements due to the severity of the circumstances. If someone dies due to violence, street racing, extreme drunk driving, intentional safety violations at work, or similar intolerable causes, discuss the possibility of additional damages with your attorney.
Expenses and Losses
To determine a claim’s value, it’s necessary to consider all of the expenses and losses resulting from the situation. The more expensive the medical bills and the greater the lost income and benefits, the more a case is usually worth. Economic losses are typically easier to prove in these cases, as evidence is more readily available.
Liability
Who is at fault plays a vital role in wrongful death cases. If multiple parties share liability, the settlement will reflect the degree of fault attributable to each party. More parties often means more insurance coverage, as well.
State Laws
Each state has laws regarding wrongful death claims, including the types of damages families can pursue and damage caps, which limit the amount that can be awarded. These laws can substantially influence the outcome and settlement amounts.
Evidence Used to Seek Wrongful Death Damages
Along with the above factors, the strength of available evidence can heavily impact the value of a wrongful death claim. Evidence common in wrongful death cases includes:
- Medical records: Documentation of the deceased’s injuries, medical treatment, and prognosis before death can help establish the circumstances surrounding the death.
- Autopsy reports: An autopsy can provide definitive information about the cause of death, which is critical in wrongful death claims.
- Accident reports: For deaths resulting from accidents, police reports and accident investigation findings can help clarify the situation and fault.
- Witness testimonies: Statements from witnesses who observed the incident can provide valuable context and support the claims of negligence or wrongdoing.
- Expert testimony: Experts, such as medical professionals or accident reconstruction specialists, can offer opinions that support the case regarding the cause of death or liability.
- Surveillance footage: Video recordings from nearby cameras can provide direct evidence of the events leading up to the death.
- Financial records: Documentation of the deceased’s earnings, benefits, and financial contributions to their family can support claims for economic damages.
The strength of available evidence can play a big part in the outcome of a wrongful death case. Your attorney can obtain all necessary evidence and documentation to support your claim and seek full and fair compensation.
How to Pursue Compensation After the Loss of a Loved One
If you believe your loved one died as a result of another’s wrongdoing and you have a wrongful death claim, it’s essential to take action right away. The following steps can help safeguard your rights and timely pursue compensation.
Consult a Qualified Wrongful Death Attorney
Engaging an attorney who is highly experienced with wrongful death cases is imperative. A lawyer can ensure you meet all legal requirements, assess the merits of your case, and guide you through the litigation process.
Having an attorney represent you and handle all aspects of your case can make a world of difference in your experience and the eventual outcome of your claim.
Investigate and Collect Evidence
Once you’ve hired an attorney, they can fully investigate the situation and collect pertinent evidence. This is a critical part of the process, as it can provide more context and give your lawyer the information they need to strategize and start building your case.
File a Claim
Your wrongful death attorney can prepare and file the wrongful death claim in the appropriate court within the statutory limits. The petition outlines the facts of the case, the parties involved, and the damages south.
Once you initiate the claim in court, the opposing party receives copies of court documents. Defendants typically have 21 to 30 days to file a response to your claim in court. After the response is filed, the claim can proceed.
In most cases, a majority of the time is spent on discovery. During this process, both parties exchange evidence and documentation as they work on building their respective cases. Discovery usually gives parties the information they need to proceed with settlement negotiations.
Negotiate a Settlement
Many wrongful death cases are settled before going to trial. Your attorney will negotiate with the opposing party’s legal representative to reach a fair settlement. Negotiations can be time-consuming but are a vital part of the process.
It’s essential to approach negotiations with realistic expectations based on the evidence and potential damages. Your lawyer will give you their professional advice and opinion and do everything necessary to get you the best possible settlement that adequately compensates you for your loss.
Consider Trial if Necessary
While settlement is the goal, it is not always possible, especially when the opposing party is uncooperative and unwilling to settle fairly.
If a settlement cannot be reached, your attorney may recommend taking the case to trial. This decision should be made carefully considering the evidence, potential risks, and the likelihood of a favorable outcome. You can trust your lawyer’s judgment, as they always work with your best interests in mind.
Going to trial puts your case in a judge’s or jury’s hands. These parties will decide the outcome of your case once all arguments are made, witnesses are called, and evidence is presented. Your attorney will represent you throughout the trial and efficiently present your case to reach the most beneficial result.
How Statutes of Limitations Impact Wrongful Death Cases
If you wish to pursue justice and file a wrongful death claim, you only have a limited time to do so. Statutes of limitations impose restrictions on filing lawsuits in court in an effort to promote fairness and encourage timely claims.
The statutes of limitations for wrongful death claims vary by state but typically only allow one to three years to file the lawsuit. Missing the deadline can have negative repercussions, and you may lose your right to secure any compensation.
Hiring a wrongful death attorney as soon as possible following the death of your loved one is the best way to ensure your claim is promptly filed. Attorneys are familiar with the statute of limitations in your state and can work quickly to ensure your case is handled properly.
A Wrongful Death Attorney Can Pursue a Favorable Settlement
Wrongful death cases are challenging emotionally and legally. The process of seeking just compensation for the loss of a loved one can feel overwhelming, especially when you’re unsure of what to expect. Fortunately, a wrongful death attorney can support you through the process, provide helpful information and advice, and give you peace of mind.
Following the death of a loved one, seek legal representation right away. A personal injury attorney in San Jose can fight to protect your rights and your loved one’s memory and work diligently to get you the financial recovery you need and deserve.
Robert Bohn, Jr.
Attorney
For more than 40 years, the lawyers at Robert Bohn, Jr. has dedicated their practices to personal injury law, representing people who have been injured or damaged due to the negligence or carelessness of others. For most people, handling a personal injury claim can be complicated and stressful.
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