If you have
a loved one who recently passed and you believe someone is responsible for
their death, you may be considering filing a wrongful death lawsuit so you can
continue to support yourself and your family without the help of your loved
one.
Before you
file a lawsuit, check out these facts you should know.
The Settlement Is Largely Based on
Pecuniary Injury
Pecuniary
injury is just another term for financial injury, which is the foundation for
your settlement offer. As with a personal injury case, this usually includes
any medical bills related to the accident, but it will also likely cover the
cost of funeral expenses too. If there was physical damage to something like
your car, the cost to repair or replace the car is usually considered.
Of course,
in many cases, when a loved one dies you also lose a source of income, which
can drastically impact the family. Therefore, pecuniary injury also includes
the loss of earning capacity. In other words, you lose out on all the money
your loved one would have made in the future. This amount includes wages and
retirement accounts, such as a 401(k) account.
Other Types of Damages May Also Be
Considered
When a loved
one is taken suddenly and wrongfully, it's not just financial injury you face.
You may also have non-pecuniary damages. These damages may be related to
emotional pain and suffering, such as depression and anxiety.
Pain and
suffering, however, can also include a reduced quality of life due to the
accident, such as a negative impact on your relationships or no longer being
able to enjoy old activities.
If the
wrongful death was caused by gross negligence, or the person purposely wanted
to hurt your loved one, you may also qualify for punitive damages. This situation
is uncommon in wrongful death cases, with the exception of elder abuse cases
involving neglectful nursing homes.
Settlements Are Based on a Formula
Your final
settlement is based on pecuniary injuries and non-pecuniary injuries. However,
before a settlement can be made, the court or insurance carrier will need to
determine the extent of your future pecuniary injuries. In other words, they
will try to estimate how much more money your loved one would have made if the
accident did not occur.
This process is done by considering your loved ones
education and work history to determine how long your loved one would have
worked and if they would have advanced.
However, the
court will also consider your loved one's overall health (mental and physical)
and how often they participated in high-risk activities, such as skydiving. The
better your loved one's health and the fewer risky activities they perform, the
bigger the settlement.
The Judge Can Overturn a Jury's
Decision
Ideally, the
insurance company will offer you a fair settlement, so you don't have to go to
trial. But if that doesn't happen, you'll probably need to hire an attorney and
file a lawsuit to get the settlement you deserve. Then, a jury typically
decides the final fair settlement offer.
A judge, however,
can overturn a jury's decision, but they will only do this if they have
information the jury is lacking or didn't consider. For example, perhaps a
rough economy caused your loved one to be unemployed at the time of their
passing. This would result in a low settlement, but if the judge sees your
loved one had a stellar work history otherwise, they may increase the
settlement.
Losing a loved one is never easy, and in many cases, it
leaves you with financial burdens you can't afford. With a wrongful death
settlement, however, you get the money you deserve. If you would like to know
more about wrongful death lawsuits, contact us
at the Law Offices of David A.
Helfand, P.A., today.
