Death is emotionally challenging, and wrongful death adds legal complexity to the mix.
The surviving family members will inevitably demand answers and seek justice. In the majority of cases, they will also pursue compensation through a wrongful death claim. However, the claim settlement amount may vary and depends upon several critical factors.
It is important to understand these before pursuing compensation or while being sued for the claim so that you have a realistic expectation about the amount.
In the event of a wrongful death, the first and most important action is to consult wrongful death lawyers from Bentley & More LLP.
Experienced and skilled legal professionals can appraise the incident, identify the offensive parties, and secure fair and just compensation for the survivors.
Besides that, they can help with the intricacies of state laws, insurance policies, and evidentiary requirements, as well as deal with legal issues and paperwork.
Liability and Evidence
The evidence establishing liability should be strong in a wrongful death claim to successful compensation.
Medical records, expert testimony, camera footage, and witness statements help bolster the evidence.
Plaintiffs should prove without any ambiguity the defendant’s breach of his responsibility to be careful, neglect of the said responsibility, and therefore caused the death.
Cases where liability is established clearly and is uncontested, the chances of settlement amount will be higher.
But, in cases where there is ambiguity or shared fault, the compensation will be reduced as per the comparative or negligence law as per the laws governing the state or jurisdiction.
Economic Damages
Financial or economic damages are the loss of property or expenses from the accident, including loss of life.
The factored elements in such issues include the decedent’s lost income and benefits, funeral and burial expenses, and any medical bills incurred before death, especially if the individual was the breadwinner contributing to the household finances.
Documentation evidence such as pay stubs, tax returns, and employer records will help establish the income as well as quantify the future earnings.
Non-Economic Damages
Nonfinancial damages or non-economic damages are subjective but cannot be ignored. Pain and suffering, loss of companionship, emotional distress, and loss of consortium are some of the nonfinancial losses.
Legal and insurance adjusters will incorporate the relationship between the deceased and the claimant, the impact of the loss, and the emotional toll on the family.
Non-economic damages, chiefly medical malpractice claims, have caps, and state-specific laws should be studied to understand the limitations.
The Age and Health of the Deceased
The age of the deceased also affects the settlement amount. If the decedent was young, had an established occupation, and was healthy at the time of death is considered while deciding the amount.
Young individuals with secure careers and long lifespans will have high settlements, as loss of companionship and loss of income are also considered.
On the contrary, the reimbursement would be lower if the deceased was nearing retirement and had a chronic illness.
Expert services will be used to estimate the decedent’s remaining life expectancy and projected earnings.
Relationship to the Deceased
Legally, only certain individuals can claim a wrongful death claim.
The compensation is affected by the closeness of the relationship. Immediate family, such as spouses, children, or parents, in most cases, are prioritized.
Additionally, emotional and financial dependence is also considered when determining the awarded amount.
Insurance Policy Limits
The defendant’s insurance company settles the wrongful death claim; therefore, the policy’s limits can cap the compensation.
In cases where a large sum is awarded, and the insurance company cannot cover it, the plaintiffs will not receive the full amount unless the defendant has other accessible assets.
Exploring additional sources of compensation, including underinsured motorist coverage or third-party liability claims, can be negotiated and claimed by the legal counsel.
Legal Representation and Timing
Experience and skill of the legal representatives affect settlement outcomes. Attorneys with prior exposure to similar cases know how to present a strong case, negotiate, and navigate complex legal systems.
Missing deadlines can result in the claim being denied; therefore, claims should be filed within the statute of limitations.
The timing of settlement negotiations can influence the amount. The insurance company may be willing to offer a higher settlement before the trial to avoid unnecessary trial costs and uncertainty.
Conclusion
Claim settlements depend on many factors, such as the clarity of liability, the extent of economic damages, insurance limits, the skills of legal counsel, etc.
Understanding the legal provision with the help of a professional is essential to ensure a fair outcome.
Families facing financial and emotional losses deserve to get just and fair compensation.