How The Value Of A Wrongful Death Case Is Determined
A wrongful death claim will result in a settlement, but the value is going to vary from case to case. The different factors outlined below are some of the elements which influence the most appropriate amount that that the family will receive to overcome the hardships of losing a loved one.
The losses and damages the surviving dependents have with the loss of the deceased.
Losing a family member that is responsible for the financial stability of others is viewed as more significant than the untimely death of a young dependent. If the deceased has a job at the time of their death, the financial claim may include the loss of future earnings. The living spouse and any children can actually make individual claims for their losses. However, it isn’t as easy to determine the financial damage of losing a young adult that has limited employment background and no college education.
The insurance policy of the defendant in the case.
In situations that it is clear another person or company is responsible for the accidental death, the maximum amount that can be awarded is limited to their insurance coverage. Unless there are other assets that can be recovered as compensation, it does not make sense to ask for more than the defendant can provide. Keep in mind that the expenses of going to court for a higher judgement are rarely ever worth trying to get more money.
The circumstances of the accident that caused the death of your loved one.
Any wrongdoer that has led to the death of your family member is going to be examined by the jury. They have to consider if the cause of death was truly an accident or if the responsible person was negligent in some way leading to the accident.
The state laws and population in the area of the case.
The jury in a small town is going to determine case value on a different scale than one in a large population. In addition, some cases take years to go to trial, while others are pushed through the courts quickly. Your attorney can help you understand the state laws and the value of the case relating to the area of the accident.
The experience and reputation of the legal team representing your case.
You need an attorney that has experience with wrongful death claims so that recovering a settlement is not an uphill struggle. We have helped many clients through the death of their loved ones with our legal knowledge and expertise. Give us a call at 800-LundyLaw so that we can advise you on the claim and ensure that your case is handled by an attorney that cares.