A wrongful death lawyer doesn’t have a formula to calculate a settlement amount; the unique facts of a case help them determine the damages to pursue. The goal is to recover compensation for expenses and losses a loved one experienced (and will continue to experience) and to hold the at-fault party accountable. Wrongful death claims are often valued in the millions of dollars, but how are such settlements calculated?
How a Wrongful Death Lawyer Calculates a Settlement
The payout in a wrongful death lawsuit can vary significantly from one case to another. It can also vary between states and jurisdictions. In California, there’s no cap on wrongful death damages except for medical malpractice claims, which are capped at $500,000 (as of 2023). A 2-year statute of limitations applies when filing any wrongful death lawsuit.
A wrongful death settlement can be determined based on:
- Negotiations: Negotiations between the plaintiff’s attorney and defense tend to yield predictable outcomes.
- Trial Verdicts: Verdicts can be more uncertain and time-consuming. However, they can result in higher payouts.
- Insurance Policy Limits: The at-fault party’s insurance policy limits may impose a cap on how much can be paid.
Elements of a Wrongful Death Settlement Calculation
A wrongful death lawyer has the skills to evaluate the case, negotiate with insurance companies, and represent clients at trial. They can value a claim based on the type of negligence. Examples include car accidents, premises liability, defective products, and medical malpractice. An intentional act such as a crime may also be the subject of a wrongful death lawsuit.
Damages that may be considered when calculating a wrongful death settlement include:
Economic Damages
There are no limits on compensation for economic damages such as:
- Funeral and burial expenses
- Medical bills
- Missed wages
- Financial support the deceased would have provided throughout their lifetime
- Loss of benefits or gifts heirs would have expected to receive
- The value of household services the deceased would have provided
- Property damage
Non-Economic Damages
A family member or loved one can also be compensated for:
- Emotional distress due to a loved one’s passing
- Mental anguish
- Loss of consortium
- Loss of training and guidance
- The decedent’s pain, suffering, or disfigurement
Non-economic damages can also compensate a survivor for the loss of a decedent’s comfort, companionship, protection, affection, and moral support.
Depending on the circumstances of the case, punitive damages may also be available. These are obtained through a survival action on behalf of the estate and separately from another legal action related to the same act or incident.
Additional Factors
It’s not easy to assign a value to someone’s life. To determine how to compensate a surviving family member’s losses, a wrongful death lawyer will also consider:
- The age, health, and earning capacity of the deceased
- The individual’s income at the time of their death
- Lost benefits such as pensions and health insurance
- The deceased person’s education and training
- The age of the decedent’s dependents
- The nature of the accident
- Whether the defendant’s actions constitute negligence or intentional harm
An attorney often relies on expert witnesses, such as economists, medical professionals, and accident reconstruction specialists for information that helps value damages.
Who Can File a Wrongful Death Claim?
California law allows for the following parties to bring a wrongful death lawsuit:
- Surviving spouses
- Domestic partners
- Putative spouses (who, in good faith, mistakenly believe they were in a lawful marriage)
- The decedent’s children and stepchildren
- The decedent’s parents
- The decedent’s legal guardians
The California Code of Civil Procedure also allows for a survival action. A survival lawsuit enables heirs of the deceased to sue on behalf of their estate. This can result in compensation for claims the deceased had the right to sue for and claims for an injury that caused their death. If there are no surviving immediate family members, and the decedent had no will, parents, siblings, and others can be entitled to their property by intestate succession.
Building a Wrongful Death Case
To prove someone is legally responsible, a wrongful death attorney relies on a standard of proof. Criminal acts require proving guilt “beyond a reasonable doubt”. However, most wrongful death cases are civil negligence claims, in which a “preponderance of the evidence” is needed to prove liability. It merely requires showing more likely than not the defendant caused the victim’s death.
That being said, a plaintiff’s entitlement to compensation requires proving:
- Duty of Care: The defendant owed the deceased a duty of care, such as to act reasonably or drive safely.
- Breach of Duty: The defendant breached this duty, for example, by failing to obey traffic rules.
- Causation: A cause-and-effect relationship between the defendant’s actions and the person’s death must be identified.
- Damages: A wrongful death lawyer must demonstrate surviving family members suffered damages due to the death of a loved one.
Call Jacob for Help from a Skilled Wrongful Death Lawyer
If you need a wrongful death attorney, The Law Offices of Jacob Emrani can handle your claim by gathering evidence, using expert analyses, and proving the defendant’s negligence, carelessness, or wrongdoing. We have won multi-million-dollar settlements for many clients over the years. Our skilled lawyers fight for the compensation you deserve. To receive a free consultation, call (888) 952-2952 today.