7 Factors That Determine a Wrongful Death Settlement Amount

The Role of a Personal Injury Attorney in Public Safety

Losing a loved one to a wrongful death situation is a painful experience, and nothing in the world can bring them back to life. Nevertheless, surviving families can seek justice from the negligent party by filing a wrongful death lawsuit to get compensated. Victims need to know there’s no specific settlement figure for these cases. Each case is different, and courts factor in several things when determining the right settlement amount to award the victims. Take a look at some of them.

Age of the Deceased

One of the factors the court will look at is the age of the deceased. If it was a child, the settlement is likely to be higher because this person was expected to live for several decades before passing away. But if the victim was an older person or they had a pre-existing health condition, the compensation would be lower.

Medical and Funeral Expenses

The medical expenses the deceased incur before their death are considered as well. This includes doctor’s fees, medication, and other healthcare costs associated with the injury that caused the death. There are also funeral expenses, including the casket, permits, and flowers. Keep an organized record of every expenditure. This includes receipts, bills, and other documents for every expense. With these records, your Redemption Law’s wrongful death attorneys will have a clear picture of your expenses to calculate your settlement amount.

Loss of Financial Support

The court has to consider the financial contribution the deceased made to their household. Whether they were the sole provider or partly contributed to the household finances, their death removes that contribution from the surviving members. The legal system works to rectify this injustice by awarding the surviving family members with compensation that reflects the loss of that financial contribution.

Emotional Distress

Losing a loved one to wrongful death will greatly impact the mental health of the surviving family members. The trauma of suddenly losing someone can be very overwhelming. The family members will experience anger, disbelief, and shock. Some may have to undergo grief counseling to help them cope with the loss. Your attorney has to factor in how the death of a loved one has affected you and your family mentally when making a case to ensure you get fair compensation.

Loss of Companionship

Another important aspect to consider when determining a wrongful death settlement amount is the loss of companionship. The surviving family members, whether spouses or kids, feel lost when their loved one is no longer around. Although no amount of money will replace the companionship of a lost loved one, it can reduce the stress associated with losing a family member.

The Insurance Coverage Available to Resolve the Claim

Insurance coverage is an important factor that will affect the settlement amount. For example, maybe your loved one died because of medical malpractice. What happens when your claim is valued at $150,000, but the liable party has an insurance policy of $100,000? The realistic amount you can collect is the insurance amount available. Some people may choose to go after the liable party’s personal assets to cover the deficit, while some accept what the insurance offers. This is why you need an attorney who can advise you on the best way to proceed in such a case.

Your Attorney’s Negotiation Skills

Lastly, your attorney’s negotiation skills will also determine your settlement amount. Arriving at a settlement involves discussions and back and forth. An experienced attorney will know the strategies to use to get you a fair amount. They also need to have conflict resolution skills because disagreements will arise, and they’ll need to solve them amicably and arrive at a reasonable figure.

These are some of the factors that will affect your settlement amount. Ensure you have a skilled wrongful death attorney who can help you navigate this process to achieve a fair outcome.