How Much Can You Get If You Sue for a Wrongful Death Claim?

How Much Can You Get If You Sue for a Wrongful Death Claim?

Nothing can bring our loved ones back. It is even worse when the loved one is the victim of wrongful death in a preventable accident. And while the last thing we want to think about is going to court, it’s the best way to proceed. By doing so, families can get the right wrongful death settlement amounts that can be critical to their future.

We understand that reliving the tragedy of your loved one’s passing will be extremely challenging. Nevertheless, pursuing a lawsuit against the responsible party for the fatal accident will ultimately provide you with tangible benefits:

• Recovering financial losses
• Finding relief after obtaining justice

Wrongful death lawsuits are complex and challenging to litigate. However, with a qualified attorney from Adamson Ahdoot by your side, obtaining fair compensation is possible.

Why Wrongful Death Settlement Calculators Don’t Work

Many websites and law firms offer “wrongful death settlement calculators,” claiming to be able to punch in a few key factors, and voilà! An approximate amount you might receive in your claim. However, this is a myth. Anything claiming to be able to calculate personal injury or wrongful death settlement amounts is patently untrue at best and harmful at worst.

Personal injury law is fraught with human errors, biases, and ideas—not easily quantifiable elements. Without expert guidance, inadvertently exceeding or falling short of expectations can be easy, leading to disappointment and conflict down the road.

We cannot stress enough that consultation with legal counsel is the only way to calculate a wrongful death case’s legitimacy and possible outcome. However, the following factors are good to map out before or after you make that important call so you can have some idea before consulting with qualified attorneys.

Time

Your wrongful death lawsuit must be timely. California’s law places the statute of limitations on wrongful death claims at two years. If you believe that someone else’s negligent or wrongful act was the cause of a loved one’s death, an immediate consultation will at least give you an idea of the road ahead. Unfortunately, this is a short window of time.

While it’s difficult to evaluate a loved one’s life so close to a tragic event, it is essential to the success of any potential lawsuit. The sooner the process begins, the sooner it will be over, and justice will be done.

Fault

While wrongful death claims by nature believe there was wrongful or negligent action on the part of the defendant, there are also varying levels of fault on the side of the plaintiff.

In addition, even when the defendant is clearly at fault, there may be ambiguity over the intent and design of the wrongful action. For instance, an auto accident involving negligence will differ in nature and complexity depending on the circumstances of the defendant’s actions. If the wrongful act was a common or easy mistake that a jury might see themselves making, they will probably look upon the defendant more favorably.

Assets

You and the defendant’s assets are vital questions when estimating the wrongful death settlement amounts claimants may receive. Almost always, wrongful death claims will begin as claims against the insurance company that represents the corporation or defendant.

Generally, wrongful death claims are limited to the maximum payout the insurance company allows. Thinking higher can sometimes be a useful negotiating tool (and only one). Nevertheless, extracting money from a defendant’s assets is much more difficult than from an insurance company.

For example, let’s assume that the defendant has very few personal assets outside what the insurance will pay. In that case, a jury will be less likely to award a larger payout. Most likely, the defendant may be unable to do so because of its limitations. Any bankruptcy filing by the defendant will also wipe out the payout, regardless of the verdict.

Personality

At the end of the day, a jury is made up of human beings. And while your representation will do its best to find the fairest group of peers, the fact remains that humans have biases. How you or other plaintiffs present yourself is critical to these lawsuits. Juries are far more likely to find in favor of defendants who are likable, honest, and personable.

It also matters what relationship you and your fellow claimants had with the deceased. If you were a close family, your loss would be perceived as much greater than if you were estranged. Juries may consider some plaintiffs to be people just trying to cash in on the death of a loved one.

Additionally, the victim’s personality can come into play in jury trials. For example, if the deceased was a volunteer, donated to charity, and was a strong pillar in the community, they are likely to be considered a much greater loss. Therefore, the family would be compensated accordingly.

This will not be the same in the case of people who have a violent criminal record or bad reputation. In these cases, a jury is less likely to award large damages for loss of companionship or pain and suffering.

This can sometimes be a very difficult process for claimants, as the ugliest cases sometimes try to cast aspersions on the deceased to get out of the highest possible payment. Be sure you’re ready for this eventuality before making that decision.

Jury

While we’re on the subject of juries, the personalities of the jurors and the judge can also have a drastic effect on your case. Despite your best efforts, sometimes it’s just the luck of the draw. A good lawyer is essential to finding a jury to help your case. But even then, some people may not be sympathetic to your case or your ideals.

Sometimes, a judge’s inclination is toward a smaller award. Then, it’s up to you and your attorney to make a strong enough case to limit the effects of bias as much as possible. Wrongful death verdicts, in particular, are highly subjective, as jurors’ ideals and expectations can vary widely.

It can also be wholly dependent on your location. Rural and urban courts can be wildly different. It’s almost impossible for a layperson to determine who gets your case. Your attorneys are crucial allies in this matter and know how to resolve things as quickly as possible. The last thing you want is to still be fighting for justice years later.

So What Do You Do From Here?

Of course, these are not all the elements that make up a wrongful death case. However, you need to consider these factors when seeking legal advice, as it will help you get the best possible outcome for your claim. It is crucial to have qualified and reputable legal counsel.

How Much Can You Sue For Wrongful Death?

Determining the value of a wrongful death settlement involves considering numerous factors, each contributing to the final amount. An experienced wrongful death attorney can provide a more accurate estimate based on the case’s specifics. Below are some key elements that influence the settlement value:

1. Economic Damages: These include measurable financial losses such as medical expenses incurred before death, funeral and burial expenses, lost wages, and the loss of future earnings and benefits.
2. Non-Economic Damages: These are less tangible losses, including emotional distress, loss of companionship, and the pain and suffering experienced by the surviving family members.
3. Punitive Damages: In cases where the defendant’s actions were particularly egregious, punitive damages might be awarded to punish the wrongdoer and deter similar conduct in the future.
4. State Laws: The laws governing wrongful death claims vary by state, affecting the types and amounts of damages that can be awarded. Consulting with an attorney knowledgeable in your state’s laws is crucial.
5. Insurance Coverage: The defendant’s insurance policy limits can significantly impact the settlement amount. Experienced attorneys can negotiate effectively with insurance companies to maximize the payout.

Real-Life Examples of Wrongful Death Settlements

While every case is unique, examining past settlements can provide insight into potential outcomes. Here are a few notable examples:

• Premises Liability: A family was awarded a $4.5 million settlement after a loved one tragically lost their life in a slip-and-fall accident due to unsafe conditions at a commercial property. 
• Car Accidents: In a case involving a fatal car accident, the surviving spouse was awarded $3.2 million in a wrongful death lawsuit.
• Workplace Accidents: The family of a construction worker who died due to unsafe working conditions received a $2.5 million settlement.

Steps to Take After a Wrongful Death

If you believe you have a wrongful death claim, it is essential to act quickly and follow these steps:

1. Contact a Wrongful Death Attorney: An attorney specializing in wrongful death cases can guide you through the legal process and help build a strong case.
2. Gather Evidence: Collect relevant documents, such as medical records, police reports, and witness statements, to support your claim.
3. File the Lawsuit: Ensure the lawsuit is filed within the statute of limitations to preserve your right to seek compensation.
4. Negotiate a Settlement: Your attorney will negotiate with the defendant’s insurance company for a fair settlement. If negotiations fail, the case may proceed to trial.

Why Choose Adamson Ahdoot for Your Wrongful Death Case?

Adamson Ahdoot has a proven track record of securing the right wrongful death settlement amounts for clients across California. Our firm is dedicated to providing personalized and compassionate legal representation to needy families. We offer:

• Free Consultations: We provide free and confidential consultations to discuss your case and explore your legal options.
• Experienced Attorneys: Our team has over 100 years of combined experience handling wrongful death and personal injury claims.
• Multilingual Services: We proudly serve our Spanish-speaking community with bilingual attorneys who can assist in their native language.
• Comprehensive Support: From filing the lawsuit to negotiating settlements, we support you every step of the way to achieve the best possible outcome.

Contact Us Today

If you are considering filing a wrongful death lawsuit, do not hesitate to contact Adamson Ahdoot for expert legal assistance.

Additional Considerations in Wrongful Death Lawsuits

In addition to the primary factors that influence wrongful death settlements, several other considerations can impact the outcome of a case:

• Pre-existing Conditions: If the deceased had pre-existing medical conditions, the defense might argue that these conditions contributed to their death. An experienced attorney can counter these arguments with appropriate evidence.
• Multiple Defendants: In some cases, more than one party may be responsible for the wrongful death. Identifying all liable parties and pursuing claims against them can increase the total compensation.
• Settling Out of Court: Many wrongful death cases are settled out of court to avoid lengthy and costly trials. While settlements are often faster, ensuring the settlement amount is fair and adequate is crucial.
• Tax Implications: Understanding the tax implications of a wrongful death settlement is essential. While compensatory damages are typically not taxable, punitive damages and interest on the settlement may be subject to taxes.

Support and Resources for Surviving Family Members

Navigating a wrongful death lawsuit can be emotionally draining. Having a strong support system and access to resources that can help you through this challenging time is vital. Support groups, counseling services, and legal advisors are essential resources that can provide guidance and comfort. Many law firms, including Adamson Ahdoot, offer additional support services to help families cope with their loss’s emotional and practical aspects.

The Impact of Wrongful Death on Families

The loss of a loved one due to wrongful death has profound emotional and financial impacts on families. Beyond the immediate grief and trauma, families often face long-term challenges, including:

1. Emotional Trauma: The sudden and unexpected loss can lead to significant emotional distress, depression, and anxiety among surviving family members. Counseling and support groups can provide necessary emotional support.
2. Financial Hardship: The deceased may have been the primary breadwinner, and their loss can lead to severe financial strain. Wrongful death settlements aim to alleviate this by compensating for lost wages and financial support.
3. Loss of Guidance and Companionship: The emotional loss is often compounded by the absence of the deceased’s guidance, companionship, and love, which can be especially hard for children and spouses.
4. Legal and Medical Expenses: Families often incur substantial legal and medical expenses in the aftermath of a wrongful death. Settlements help cover these costs, providing some financial relief.

The Role of Wrongful Death Attorneys

Wrongful death attorneys play a crucial role in helping families navigate the complex legal landscape following a wrongful death. They provide:

• Expert Legal Advice: Attorneys help families understand their rights and their legal options.
• Investigation and Evidence Gathering: They conduct thorough investigations to gather evidence and build a strong case.
• Negotiation Skills: Experienced attorneys negotiate with insurance companies to ensure families receive fair compensation.
• Court Representation: If the case goes to trial, attorneys represent the family, advocating for their rights and interests.

Final Thoughts on Pursuing a Wrongful Death Claim

Dealing with the loss of a loved one due to wrongful death is incredibly challenging. Seeking legal justice is important to hold the responsible parties accountable and provide financial support for surviving family members. It’s crucial to understand the potential compensation for wrongful death and the factors that affect these settlements to make informed decisions.

Adamson Ahdoot’s experienced wrongful death attorneys are dedicated to providing compassionate and expert legal support, helping families navigate this challenging time and achieve the best possible outcome.