There is no rule book that decides what should be the exact compensation to pay for wrongful death. Each case is different from others, including its outcomes. Furthermore, there are no statistical resources that can imply how much a defendant should be charged.
The settlement might depend on the likelihood of the demised person’s income, age, the complexity of the case, and the jury’s judgment. The settlement claim of wrongful death may vary from a few thousand to several million dollars.
At Karpe Litigation group we have a competent Personal Injury Attorney who will help you to calculate the settlement and ensure that you get justice served. The extent of your losses and the circumstances you are in will determine the settlement.
The following data will help you to have an idea about the number of wrongful deaths. These statistics are based on the Centers for Disease Control and Prevention.
- Unintentional fall death- 42,114
- Auto accident death- 40,698
- Unintentional poisoning death- 87,404
What Are The Recoverable Damages In A Wrongful Death Case?
What a grieving family can claim in damages varies from state to state. However, generally, the following are considered compensable damages:
1. Medical expenses
These include medical costs and related expenses incurred prior to death. It’s the right of the family to be compensated for these costs. Your attorney will be able to guide you on how to prove this.
2. Funeral and burial expenses
The funeral and burial of the deceased are expensive, and these costs should be compensated to the family.
3. Lost wages
If the deceased was employed, then the lost wages and other benefits that would have been provided to the family during their career should also be considered.
4. Pain and suffering
This is the compensation that is given to the family for the mental anguish and suffering due to their loved one’s untimely death.
5. Lost companionship
This is a form of non-economic damage that accounts for the lost companionship and comfort from the deceased.
Factor Affecting Wrongful Death Settlement
The dealing process of each wrongful death case varies. Only a well-versed and experienced Indianapolis Personal Injury Lawyer, like the lawyers at our firm will be able to calculate the amount of loss that you ought to receive from the lawsuit. There are several factors that affect the lawsuit, the attorneys at our firm will help you in determining the factors and calculating the loss so that you can overcome the irreplaceable loss of your loved ones. The factors include the following:
1. The age of the demised person- If the person is young, then their family will receive more compensation as a young person has more years left in their life, and thus they could have earned more.
2. The future earning potential of the demised person- If the demised person was the sole breadwinner of the family and had a larger income, then the settlement will be more.
3. All the medical expenses made by the deceased person and their family during the treatment- When involved in a severe accident, the victim might have gone through several surgeries and other treatments to restore life. All these medical expenses will be calculated and paid by the liable party or the insurance company.
4. The insurance policies are in the name of the demised person.
5. Pain and suffering- These are the non-economic damages that a person will get when they have lost their loved ones due to someone else’s negligence.
The court will also consider the deceased person’s monthly income while deciding the compensation. As personal income is an important factor in determining the amount their family will get, the settlement amount might vary from several thousand to millions. A Personal Injury Lawyer will help you out by figuring out all the factors that need attention.
What Are The Elements Of A Wrongful Death?
Getting the settlement is not an easy task. But you don’t need to worry as we are at your back. To set the compensation for the death of your loved ones, you will have to prove the following-
1. You have to prove that the demised person owed you a duty of care.
2. It is the negligence of the defendant that has caused the death of your loved ones.
3. You have suffered financial and emotional damages due to the demise of that person.
You will need to provide the following list of evidence to prove the defendant was negligent and has caused the death of your loved ones. With the help of a Personal Injury Lawyer collecting these pieces of evidence won’t be a difficult job.
1. Photographs of the time of the accident implying the fault of the negligent party.
2. CCTV camera footage of the accident scene.
3. Witness testimonials of anyone present at the accident scene.
4. Medical bills, doctor’s statements, and medication and other treatment receipts.
5. If the accident called for police attention, then the police record of that time.
How Are The Settlement Of Wrongful Death Paid Out?
The family members and the estate representatives of the deceased person get the settlement after the wrongful death of the person. In some cases, the spouse and the children receive compensation. In case the victim is unmarried, then the parent of the dead person receives the settlement.
When a victim does not have any immediate family members then the court will decide who will get the compensation among the other existing family members of the dead person.
Here is a list of family members who are entitled to get the compensation:
7. Niece and nephew
Why choose Karpe Litigation Group?
Karpe Litigation Group has helped several clients to get justice in case they have faced a wrongful death. We have a set of lawyers who are dedicated to working in this sector of personal injury law. We can assure you that you will get full assistance from our end. We know the amount of distress you are in when you come to us for help. We will aid you in all possible ways to get you through these tough times.
Each Personal Injury Attorney at our firm has high credentials and long years of experience. We value your time and our aim is to get you the highest amount of settlement. We have done it in the past, and the client reviews speak for themselves about the service we provide.
Furthermore, the lawyers at our firm have all the necessary attributions that are needed to be a success in the field of law and order. A few of the bases good qualities we possess are:
1. Good communication skills
3. Good staff network
4. Lawyers with good credentials
6. Good track record
7. Excellent negotiating skills
Losing the person you love for someone else’s negligence is a heinous crime. We are here for you and ensure that you can continue your life without having to worry about the financial aid that the person was liable to pay. We will thoroughly calculate all the factors that can help you to get the settlement without any harassment. With the right Personal Injury Attorney, the whole process will not be an Everest to climb.
Frequently Asked Questions
1. How can a lawyer help with a wrongful death claim?
A lawyer dealing with wrongful death claims will help to curate a case based on the sufferings that your loved ones endured before their death. They will also help in establishing how your family has been impacted mentally and financially after the death of that person. The wrongful death lawyer is experienced in dealing with insurance companies and liable parties. They have excellent negotiating skills. You can also count us as your lawyer, our lawyers are ready to help you to get the maximum compensation for your wrongful death claim. Contact us now.
2. What are the 5 most common types of wrongful death?
There are numerous kinds of wrongful deaths that affect people all over the world. The 5 most common are as follows:
1. Medical malpractice deaths
2. Auto accident deaths
3. Defective product deaths
4. Semi-truck accident deaths
5. Pedestrian accident deaths
3. What is the highest wrongful death settlement?
The highest amount of wrongful death settlement was made in Pennsylvania. The amount was $227 Million. The death of the individual was caused due to defective product usage.
4. What is the statute of limitation for wrongful death compensation?
The statute of limitation for wrongful death compensation is two years from the death day of the person. If the victim’s family fails to file a case within this limitation, they will lose any chances of filing the lawsuit.
5. Who can claim the wrongful death damages?
The family or estate representative of the demised person can claim wrongful death compensation.