How To Determine If A Wrongful Death Case Is Worth Pursuing

Posted on July 4, 2022

There are many things to take into account to determine if a wrongful death lawsuit is worth pursuing. The amount you receive for the wrongful death of a family member will vary depending on how much financial loss you and your family have experienced as a result, as well as other factors.

No wrongful death attorney can guarantee that you will get a certain amount in your wrongful-death lawsuit. Similarly, there is no standard amount that people can expect to receive in this type lawsuit.

Your wrongful death lawyer will need to examine the facts surrounding the case in which your loved one died. In order to get the best settlement, the attorney will have to establish who was responsible and what financial losses your family may experience in the future.  Let's begin by looking at how this type lawsuit works.

How a Wrongful death Lawsuit Works

A wrongful death is when a person's negligence, recklessness or actions result in the death of another person. Wrongful death can occur at work or anywhere else, but most often it occurs in a car accident where the other driver made mistakes that led to the fatal crash that claimed the life of your loved one.  There are numerous factors that are considered when determining the case's value.

Factors that Determine the Value of Wrongful Death Damages

These are 5 factors that can help you decide if your wrongful-death lawsuit is worth filing. These factors can be used to calculate your wrongful death damages.

  1. The pain that the victim felt before their death.
  2. The incident incurred costs (i.e. Hospital/ambulance fees and funeral/burial costs.
  3. Any economic losses suffered by the plaintiffs as a result.
  4. Any other non-economic damages suffered by the plaintiffs as a result.
  5. The egregiousness(criminality) of the defendant's behavior.

Calculating Wrongful Death Damages

It is difficult to estimate the amount of compensation that you could receive from a wrongful-death litigation. There are some financial numbers that are easy to calculate, like the funeral expenses and medical bills of the deceased before the death. But, there may also be other damages.  For instance, you and the responsible party's insurer company may negotiate pain and suffering amounts as well as several other benefits.  We can also use the number of years that your loved one may have worked in order to determine the money they may have earned throughout their life from their current job.

Economic vs. non-economic damages

The above factors show that wrongful death claims can involve different types of damages. Simply put, there are both economic and non-economic damages. Each one deserves compensation. The calculations are easy for economic damages. Simply add up the bills and then present them. By keeping accurate records and conducting thorough investigations, you can increase your chances of maximizing them.

It is harder to calculate the non-economic damages. Plaintiffs will usually compare their injuries with other cases and make similar demands. They might also seek to multiply their economic costs. They might ask for non-economic compensation up to three times the amount they have paid in economic costs. For example, if they have $50,000 of economic expenses, they will request 2 to 3 times that amount in non-economic damages. This will depend on how severe their intangible injuries are. Both types of harms will have a greater chance of recovery if you can expect to continue suffering them for a long time. When estimating the total value, it is important to consider the timeline.

This analysis will help you determine the potential value of a wrongful death case. Talk to an experienced lawyer to get a better idea. You'll then receive a more accurate estimate. We can help you use these factors if you contact our office. We can help you transform a simple prediction into a bold plan of recovery.

Lost a Loved One in a Wrongful death? Contact A Miami Wrongful Death Lawyer Today!

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