The sudden loss of a loved one is a devastating experience. When that loss is caused by the negligence of another person or entity, the emotional pain can be compounded by significant financial hardship. In these tragic circumstances, filing a wrongful death claim can help surviving family members recover compensation for their losses.
However, understanding the factors that influence wrongful death settlements is crucial. This article explores some key considerations that can impact the value of your claim.
Strength of Liability
The foundation of any wrongful death claim hinges on establishing liability. This means proving that the death of your loved one resulted from the negligence of the defendant. Negligence is generally defined as the failure to exercise reasonable care, resulting in harm to another person.
The strength of your case depends on the evidence that demonstrates the defendant’s negligence directly caused the death. This evidence can take various forms, including witness statements, accident reports, medical records, and expert testimony. A stronger case with clear liability will typically lead to a higher settlement offer.
Damages Suffered
The damages you seek compensation for are a significant factor in determining the settlement value. These damages encompass the financial losses and emotional pain caused by your loved one’s death. Common categories of damages in wrongful death claims include:
- Lost income: This considers the income your loved one would have reasonably earned throughout their remaining life expectancy. Factors like age, earning history, and future earning potential are all taken into account.
- Loss of companionship and household services: This compensates for the loss of your loved one’s companionship, guidance, and contributions to household chores and childcare.
- Medical and funeral expenses: These expenses cover medical bills incurred before death and the costs associated with funeral arrangements and burial.
- Pain and suffering: While difficult to quantify, emotional distress experienced by surviving family members due to the loss can be included in the damages claimed.
Insurance Coverage
The insurance policy limits of the at-fault party can significantly impact the settlement amount. In many cases, the settlement will not exceed the available insurance coverage. An experienced attorney can investigate the applicable insurance policies and determine the maximum compensation available from this source.
Shared Fault
In some instances, the deceased may be found to share some responsibility for the accident that led to their death. Comparative negligence laws apply in many states, meaning the percentage of fault attributed to the deceased will be deducted from the total damages awarded. For example, if the deceased is found 20% at fault, the overall settlement will be reduced by 20%.
Legal Representation
Navigating the complexities of a wrongful death claim can be overwhelming during a deeply emotional time. An experienced wrongful death attorney can guide you through the legal process, gather evidence to support your claim, negotiate aggressively with insurance companies, and ensure you receive fair compensation for your loss.
Conclusion
The loss of a loved one due to wrongful death is a profound tragedy. While no amount of money can truly replace your loved one, a wrongful death settlement can help alleviate the financial burden and offer some measure of justice. By understanding the factors that influence settlements and seeking qualified legal representation, you can ensure you receive the compensation you deserve during this difficult time.