Wrongful Death Lawsuits & Settlements

A wrongful death lawsuit centers on ensuring that you don’t experience additional harm due to the loss of your loved one. The reason the death occurred was because of negligence or was otherwise preventable. 

In addition to the emotional toll that an untimely death has on people, it can place a tremendous amount of financial stress on those left behind. Think of a family who lost the person who was solely responsible for generating income. They have to process the passing of someone they loved while wondering if they have enough money to survive.

That is why people pursuing a wrongful death lawsuit will ask about how settlements are determined and what they can hope to be awarded.

What Is Required To Win

Your attorney will have to show that a person, people, or organization is liable for the wrongful death. Having a skilled personal injury is paramount. There are multiple factors and variables that caused the wrongful death. 

Take the seemingly and relatively simple scenario of a car accident that resulted in someone’s death. Who is liable? The quick (and not necessarily correct answer) is the other driver. But there are many things to consider:

• Driving conditions
• The speed of both drivers
• Other vehicles that could have indirectly caused the accident
• Ineffective traffic lights and signs

The defense will create an argument to minimize their client’s liability. Without the right attorney, you may not be able to counter it appropriately. Your attorney will have to prove a direct causation between the defendant’s actions and the victim’s death.

How An Amount Is Determined

The specific amount is tied to the facts of your case. But there are some common ways in which your attorney is going to approach this. The nature of the accident and the suffering of the victim is a factor. The degree of negligence and recklessness may add to the overall amount awarded.

In a personal injury (that doesn’t involve a death), you may seek compensatory damages. These compensate you for everything from lost wages to medical expenses. There is an actual cost associated with death. Though the victim’s accident resulted in a death, there still could have been medical costs beforehand. There are also expenses connected to a funeral and burials. All of which can be asked for as part of your settlement.

Lastly, the settlement amount should reflect the extent of tangible and intangible losses. If the victim was the sole provider for a family, then there is a quantifiable amount of money the family is losing. And like personal injury, there are non-financial issues to factor such as pain and suffering. 

Silberstein & Miklos, P.C.  

At Silberstein & Miklos, P.C., we understand that money will not replace your loved one. We want to represent you to ensure that you don’t experience further harm and suffering. Contact the experienced personal injury attorneys at Silberstein & Miklos to schedule your free consultation.