Wrongful
death is a general term used in the law to describe the lawsuit involving a
family member who died due to the negligence or intentional act of another
person. Everything from car accidents to homicide to medical injuries can be
wrongful death cases.
Most people
want to know how much their wrongful case is worth. This is a good question to
ask the best wrongful death lawyers in your town, but it is a
complicated matter.
The first
variable in determining how much a wrongful case is worth is the type of
wrongful death case that is being filed. In the typical case, the decedent’s
estate and surviving family are entitled to various economic damages, such as
medical care costs, burial expenses and lost income from the deceased’s work.
They also may be entitled to non-economic damages, such as loss of
companionship and pain and suffering for the person before they died.
However, if
the loved one died on the job, the estate and family might only be able to make
a claim for worker’s compensation, which does not include non-economic damages.
In such a case, the best wrongful death lawyers will look for possible lawsuits
against companies besides the deceased’s employer because such third-party
claims can result in more compensation.
The second
variable is that courts and juries respond differently to different types of
wrongful death claims. Medical malpractice claims can be hard to prove, and
juries often find in favor of the doctor. But juries in construction site
accidents and truck crashes are more sympathetic to the families in these
cases.
In
pharmaceutical negligence lawsuits, juries usually expect these big drug
companies to warn doctors and patients of serious risks of the drugs, such as
higher risk of cancer or internal bleeding.
The third
variable is the level of economic damages, including lost wages and medical
costs, did the family suffer? What was the job the person did? How much would
they have earned in the future. When were they going to retire? How much did
they contribute financially to other family members?
The fourth
variable is how much the noneconomic damages, such as the deceased’s pain and
suffering, were involved? Also, what about the surviving’s spouse loss of
companionship and consortium?
Clearly,
many factors go into how much you can get in a wrongful death lawsuit. Talk to
the best wrongful death attorney in your town to get more information on
your particular case.
