Determining The Amount Of Compensation In A Wrongful Death Lawsuit
There are several myths and half-truths about wrongful death lawsuits, so it is important to establish why they exist and their purpose. A wrongful death lawsuit is a civil action (as opposed to a criminal case) that legal counsel generally brings forth. The attorney represents the survivors of someone killed due to negligence, recklessness, or perhaps the intentional actions of someone. Whereas these cases typically involve a catastrophic personal injury, they are not limited to them. For example, the Goldman family filed a lawsuit against O.J. Simpson for the death of their son. Although Simpson was acquitted in a criminal trial, the family was awarded $33.5 million in compensatory and punitive damages during the civil case.
The misconception that we want to elaborate on is that people are trying to profit from the death of a loved one. In reality, the survivors are trying to cover the financial expenses associated with medical bills, funeral expenses, and lost income. If only one person in the family generates an income and is killed by another due to negligence, the surviving members are left without a means to provide for themselves. Even if someone were to assume the role of creating an income for the family, they would likely not earn the same amount as the person who had an established career.
Wrongful death suits also hold people accountable for their actions. The word “punitive” means punishment. Compensatory damages are intended to compensate the family for the money they lost, and punitive damages deter others from engaging in the same actions that caused someone’s death.
How Does It Get Determined?
Take the time to find an experienced attorney before filing a wrongful death lawsuit. The reasoning is that too many variables and factors affect the settlement amount. In addition to this being a highly emotional time, many families are under tremendous financial stress. It may be tempting to go with the first attorney you meet. Granted, you should not wait to speak with legal counsel but be diligent in your selection.
A personal injury attorney will access and study a wide range of factors before quantifying how much compensation you are entitled to. Some of these factors are quantifiable, such as lost wages. However, a skilled attorney must understand how much the deceased could have earned. If the deceased were in their early thirties and were at the beginning of their careers, they would have likely been capable of making significantly more for their family when they were in their fifties. Again, this is all lost income.
Non-economic damages are even more challenging to determine.
Emotional distress
Loss of companionship
Loss of support
There are also two other factors we must consider. There may have been multiple people who could have contributed to the person’s death. Who is the lawsuit against, and what is their level of liability? When one party is only partially responsible, the compensation they may be required to pay may be reduced. Additionally, the case may go to a verdict. In other words, a jury may decide how much to award (or not) the plaintiff in a wrongful death suit. The amount of compensation awarded may also reflect other settlements that have been awarded in the past.
Contact the Law Offices of William C. Robinson
Attorney Bill Robinson has had an extensive 30-year career as a personal injury attorney. He has lectured on it and held seminars in addition to serving his clients. If you have been a personal injury victim or lost someone close to you because of one, contact our office today to speak with a compassionate and dedicated personal injury attorney. Your first consultation is free.
