In cases where families are suing businesses, individuals and other entities for causing a loved one’s death, a wrongful death suit can happen. These actions often involve lengthy trials, complex laws and many elements of proof. Wrongful death damages are difficult to calculate because plaintiffs claim losses of companionship and consortium, which are difficult to valuate. Many of these cases end up in settlements, which can happen at any time and help both sides save resources and time.
Calculating Wrongful Death Settlements
As mentioned before, the calculation of a settlement is a complex matter. A wrongful death settlement is calculated based on factors such as:
1. The relationship between the plaintiff and the deceased
2. Whether the plaintiff received financial support from the deceased (such as in cases where a child is suing for the death of a parent, or a stay at home parent is suing for the death of the primary wage earner)
3. Whether the deceased and the plaintiff had joint benefit claims (retirement accounts, medical insurance, etc.)
4. Expenses such as legal fees and funeral arrangements
Settlement calculations involve subjective factors such as costs associated with the protection of the plaintiff, or the deceased’s contributions to academic and business concerns. Expert witnesses are sometimes used to help determine damages in wrongful death cases.
Punitive Damages and Wrongful Death Settlements
Some wrongful death actions include punitive damages, which can be given in cases where the defendant was reckless or intentional. Punitive damages are given at the court’s discretion, and are not automatically included in settlements -; but parties can consider such factors in cases of intentional conduct. If the sides cannot reach an agreement, the case will go to court for a judge to decide.
Hiring an Attorney for Assistance in a Wrongful Death Case
A wrongful death claim is a complex proceeding requiring the help of an attorney. You’ll need the help of a Wrongful Death Attorney in Girardeau, MO to receive the settlement you deserve. A wrongful death attorney can show you your legal options, and they can help you calculate a fair settlement. Your lawyer can be on hand in court, and during settlement and negotiation talks.
