Wrongful death compensation is calculated based on a monetary amount that covers both economic and noneconomic losses for the survivors, usually children and spouses of the deceased, the parents of a deceased minor child, for the deceased’s estate, and for blood relatives or adoptive siblings who are in some way dependent on the person.
If you have lost a loved one through someone else’s negligence, you may be entitled to compensation through a wrongful death claim for awards starting from when the injury occurred up to the point of death, plus interest. Contact the team at Ben Crump Law, PLLC today at 800-593-3443 to get started.
Wrongful Death Compensation Damages You Could Win
Wrongful death occurs when an individual is at fault and liable for another’s death, such as through reckless and risky driving. Wrongful death is a civil tort claim that is independent of any criminal charge. The idea behind it is that the wrongdoer should pay for the losses, not the survivors. The alleged negligent party may pay the deceased’s survivors or their estate the awards.
Depending on your state, in a wrongful death lawsuit, you may be entitled to awards for economic losses like:
- Hospital, pharmaceutical, and medical expenses before death.
- Wages lost after the accident and before the decedent passed.
- Funeral expenses if the survivor or estate paid.
You may also be entitled to receive awards for noneconomic losses like:
- Pain and suffering your loved one experienced before death.
- Surviving spouse’s lost companionship and protection.
- Surviving spouse’s pain and suffering.
- Loss of parental training, companionship, and guidance for minor children.
- Pain and suffering for parents who have lost a child.
The financial and emotional support you expected to receive from your loved one may also be covered in the compensation. This could include anything from daily assistance to the decedent’s savings you would have benefited from. The amount of support each family member can collect is based on a few factors:
- Your relationship to the deceased.
- The cost of replacing services rendered by your loved one.
- The amount of net income available to distribute.
For a free legal consultation, call 800-593-3443
What to Expect for a Wrongful Death Settlement
The purpose of death compensation is to provide for families of the deceased who are struggling emotionally and financially due to lost income and support. However, there is a wide range of settlement amounts that can be awarded in wrongful death cases.
The courts will consider factors such as the circumstances of the accident that caused the death, and how much the victim suffered before dying. The victim’s age and earnings potential are also a factor, since a young person still would have many years of earnings had they not passed away. The amount of insurance coverage available would also be taken into consideration.
Hiring an attorney who can negotiate with insurance companies, and argue your case convincingly in court if necessary, allows you to concentrate on helping your family.
Laws Concerning Wrongful Death Compensation
There may be a statute of limitations or time limit for filing a wrongful death lawsuit in your state. For example, in Florida, your case must be filed within two years of the date of death, according to section 95.11(4)(d) of the Florida Statutes, unless there are certain extenuating circumstances.
In most cases, the personal representative of the deceased person’s estate is the one who must file a wrongful death claim on behalf of the estate and surviving family members. The personal representative may be named in the deceased person’s will or estate plan, but if there is no named representative, the court may appoint one.
In filing the wrongful death claim, the personal representative must list every survivor who has an interest in the case.
Get Help From a Wrongful Death Attorney
Calculating wrongful death compensation is complicated, and having an attorney familiar with the law to guide you through the legal process can help. The lawyers at Ben Crump Law, PLLC are prepared to fight for your rights and help get you the best settlement possible. We offer a free consultation to review your individual situation and determine the best way to move forward.
You pay nothing unless we win an award for you. Contact the team at Ben Crump Law, PLLC today at 800-593-3443 to get started.