Wrongful Death Settlement Amounts, California - Adamson Ahdoot

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

Wrongful Death Claim Amounts

We Guarantee the Families of Wrongful Death Victims the Maximum Compensation

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:

  1. Recovering financial losses.
  2. 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.

Our firm has over 100 years of combined legal experience assisting California residents in wrongful death cases. Call us today at (800) 310-1606 to learn more about your case, or submit your inquiry through our website.

Flowers at a wrongful death funeral in California.

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, it can be easy to inadvertently exceed or fall short of expectations. This can lead to disappointment and conflict down the road.

We cannot stress enough that consultation with legal counsel is the only way to calculate the legitimacy and possible outcome of a wrongful death case. 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. For example, if you’re bringing a medical malpractice suit against a hospital, but your loved one failed to disclose essential information that could have helped them, you may be found 25-75% at fault despite the hospital’s actions. This is most common in wrongful death cases involving car or bicycle accidents, where a lack of caution on the plaintiff may be a big contributor to the accident.

In addition, even when the defendant is clearly at fault, there may be ambiguity over the intent and design of the wrongful action. A medical malpractice suit may differ wildly if brought against a new resident at the end of a 12-hour shift vs the Head of Surgery scrubbing in for the morning hungover. 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

The assets of both you and the defendant are vital questions when trying to estimate 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, it is much more difficult to extract money from a defendant’s assets 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 not be able 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 a critical part of 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 will 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 personality of the victim 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, he or she is 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 can sometimes try to cast aspersions on the deceased as a way to get out of a higher 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 that will help your case. But even then, there may be people who are not 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. Homicide 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 layman to figure out who to get your case. Your attorneys are crucial allies in this matter and know how to get things resolved 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, it is important for your safety to consider these factors when seeking legal advice. It will help you get the best possible outcome for your claim.

It is crucial to have qualified and reputable legal counsel. At Adamson Ahdoot, we’re proud to be part of several organizations that work together to improve the state of California.

Adamson Ahdoot is a member of several prestigious groups that recognize achievement in our field. These include Super Lawyers and the Million Dollar Advocates Forum. Our firm specializes exclusively in personal injury and wrongful death cases. We are always available for a free consultation: simply call (800) 310-1606.

100 Years of Securing the Right Wrongful Death Settlement Amounts in California

Serving the entire state of California, our firm is headquartered in Los Angeles, with offices throughout the state. Our boutique firm focuses 100% on personal injury law.

We understand that sometimes the language barrier can prevent justice from being served. That is why we are proud to serve our Spanish-speaking community with the availability of bilingual attorneys.

All of our consultations are free and confidential. You can schedule an appointment by phone or online. Each of our attorneys has advanced degrees in personal injury law. We approach each case with the expertise that over 100 years of legal experience have taught us.

We are proud to serve our community. Likewise, we want to keep California residents safe with fair and personalized legal representation. Don’t hesitate to call if you have any questions about your case!

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