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Compensation in Wrongful Death Cases: Factors and Considerations

There are several factors to consider when determining damages in wrongful death cases, including the deceased person’s:

  • Losses and other damages
  • Edad
  • Job title 
  • Position in their household

Other details that can affect a wrongful death settlement or award include who caused and contributed to the accident, and whether your loved one was partially at fault can also. Below, we will detail how the factors above can affect the wrongful death compensation you can recover.

Your Loved One’s Damages

The damages associated with your loved one’s accident will determine what compensation you can recover. If your loved one received medical care before they passed, those bills are compensable. If they needed to stay in the hospital for a few days, you can recover that compensation. Our wrongful death lawyers will determine what damages you can recover.

Your Loved One’s Age

The liable party will be responsible for covering your loved one’s lost financial support. In many cases, a younger person who has just entered the workforce will garner a higher settlement than an older person who is close to retirement. If a younger person passes away, they had more working life available than someone about to retire. 

Your Loved One’s Job Title and Salary

You are entitled to compensation for the financial support your loved one would have given had they survived. If they were making $150,000 at the time of their passing, your wrongful death lawsuit will likely be higher than someone who was making $65,000. 

Your Loved One’s Position in the Household

If your loved one was the primary breadwinner in your house, your settlement or award will likely be higher than someone who worked part-time to help with a few bills. 

The Liable Parties

Who is liable can also have a substantial impact on the value of your wrongful death claim or suit. For example, if your loved one passed away due to a truck accident, several parties may share liability. 

In a standard car accident, you typically file a claim against the other driver and you recover from their insurance policy. However, a truck accident is more complex. You may be able to hold both the truck driver and the trucking company liable. As trucking companies typically have much higher policy limits than an individual driver, you may be able to recover more. 

Whether Your Loved One Contributed to the Accident

California follows a pure comparative negligence law, which holds that injured parties who contribute to their injuries can still recover compensation. 

However, their award will decrease with their percentage of fault. For example, if your loved one contributed to their fatal car accident (e.g., by speeding or driving while distracted), the court may find them to be 25% responsible for the accident. If the jury awards your family $800,000 for your damages, you would be able to recover $600,000.

Whether You Include All Damages in Your Demand

People who handle cases without legal help often leave thousands of dollars on the table because they missed damages they didn’t know were recoverable. An attorney can help you ensure you are asking for everything you deserve.

Whether or Not You Negotiate

Many people don’t know that they don’t need to (and shouldn’t) accept the first offer from the insurance company. This offer is often much lower than you need and deserve. You have the right to negotiate for a sum that better covers your losses. 

Recoverable Compensation for Loss of Life

What you can recover depends on the specifics of your loved one’s accident. You may be eligible for: 

  • Funeral and burial expenses
  • Billetes Médicos 
  • Lost financial support
  • Loss of gifts or benefits
  • Household services they would have provided
  • Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
  • Loss of intimacy
  • Loss of guidance 

A wrongful death lawyer can help you determine what damages you and your family qualify for. 

It’s important to note that you only have two years to file a wrongful death lawsuit, per PCCh § 335.1. If you miss this window, it may be impossible to get the compensation you deserve. If you get in touch with our de lesiones personales pueden early enough, we can work quickly to ensure we file your lawsuit within this timeframe.

KJT Law Group Is Ready to Help You Fight for the Wrongful Death Compensation

We know this is likely one of the most difficult things you will ever experience. We want you to focus on your family instead of a legal claim or the factors affecting wrongful death compensation. Our personal injury attorneys will handle every aspect of your claim, from identifying liable parties to a trial if necessary. Call us for a free consultation today: (818) 507-8525. Leave the legal stuff to us.

We Will Fight For You

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