There is a lot of misinformation out there regarding average wrongful death settlements. The truth is that if you have lost a family member due to the actions of others or their negligence, it is absolutely vital that you focus on what’s important in your claim and understand that not all wrongful death cases are the same. In order to adequately understand your own personal case, you will need to seek the help of a qualified and professional attorney who will be able to adequately assess your case and provide you with the right information.
Understanding the Facts – What is a Wrongful Death?
In a nutshell, a wrongful death is a death that has been caused directly by the actions or the negligence of another person, group, or entity. This death may have happened due to a workplace accident where there was a complete and total disregard for employee health and safety, or through medical malpractice, or due to the damaging actions of a person in a car accident. In
A wrongful death claim, in turn, is a claim against the responsible person, or the person or entity that can be held directly liable for the death. Most often times, these claims are filed in a civil court, typically by family members such as a spouse, child, or parent, and/or family executors.
Understanding the Numbers – What Do I Need to Know About Compensation?
Wrongful death claims are certainly widely different from a variety of other personal injury claims. Why is this so? To start with, the victim lost their lives in an accident which means they are no longer with us. This is particularly devastating to family members and friends, and it makes the process of filing a claim and going through a negotiation or trial even more difficult. It is also more difficult when it comes to determining damages. Certainly there are punitive damages involved, but the most common personal injury compensation claims don’t apply here, such as actual damages for loss of wages and medical treatment.
In wrongful death cases, damages awarded tend to take into account the following:
- Funeral and burial costs
- Adequate compensation for pain and suffering caused
These costs deal directly with the victim, but other compensation may be awarded to the family for things such as:
- Mental and emotional distress
- Loss of income that will affect the family
- Loss of parental guidance and support
- Loss of kinship
This is a lot to take into account, and that is why it is extremely difficult to calculate average wrongful death settlements. No case is the same, no family is the same, and no accident is exactly the same. Each situation will involve a variety of different circumstances that will no doubt affect the outcome of any settlement amount. If you are looking for more information on determining a possible settlement amount for you case or claim, then the best advice we can give is to contact a personal injury attorney immediately. These professionals have the kind of experience and practical knowledge that will allow them to review your case, and provide you with information that is directly relevant.