How Do You Calculate a Wrongful Death Settlement?

By Chris Dixon


The sudden loss of a family member can be devastating. If you have lost an immediate family member because of someone else’s carelessness and want to get justice for their untimely death, you need an experienced lawyer on your side. A lawyer can calculate a wrongful death settlement for the victim’s harm and losses and offer support during this difficult time to you and your family.

Elements of a Wrongful Death Settlement

If a person dies because of someone else’s negligence, the surviving family members of the victim have the right to file a wrongful death claim. A wrongful death claim is a lawsuit against a negligent party that caused or contributed to a victim’s sudden death, and generally includes evidence from the accident, proof of the other party’s wrongdoing, and proof of the victim’s death. If the surviving family members of the deceased file a wrongful death claim, they could be entitled to recover damages that the victim could have recovered if they were alive, in addition to compensation for loss of income, loss of consortium, and other damages that the family experienced because of the victim’s death. If you have lost a family member because of someone else’s negligence, you need a wrongful death lawyer on your side. A lawyer can determine whether you are eligible to file a claim on behalf of the victim, assess what damages you could potentially recover from the negligent party, and ensure that the victim’s case has a compelling claim.

How Can I Recover Compensation For My Family Member’s Wrongful Death?

Wrongful death cases can be challenging to pursue without a lawyer. Proving wrongful death requires substantial proof from the victim’s accident, knowledge of your state’s
wrongful death laws, and a supported claim to recover compensation from the negligent party. It can be difficult to prove wrongful death without adequate legal knowledge, but with an experienced lawyer on your side, powerful evidence can be collected, the strengths and weaknesses of the victim’s case can be determined, and a compelling wrongful death claim can be filed to obtain compensation from the negligent party.

While it might be possible to file a claim without a lawyer, this can be incredibly risky. If a victim’s case isn’t represented by a lawyer, the negligent party’s insurer could use this to their advantage and attempt to shift the blame of the accident or offer you a lower settlement. An experienced lawyer can ensure that your rights are protected, evidence is preserved, and the odds of recovering full compensation for your family member’s wrongful death are as high as possible.

How is a Wrongful Death Settlement Calculated?

If the immediate family members of a victim submit a wrongful death claim against the negligent party that caused the victim’s death, the other party’s insurance company has the right to accept or deny the claim. If a wrongful death claim is accepted, the negligent party’s insurer will make an offer to settle the claim. Generally, a wrongful death settlement is calculated by adding up economic damages that the victim experienced in the accident and multiplying the total by 4 or 5 to reach a settlement that includes compensation for both economic and non-economic damages.

It’s vital to have a lawyer representing your case because once the negligent party’s insurance company makes an initial offer, you can choose to accept their offer or request a higher settlement. It’s typically unwise to accept the first settlement that the other party provides, but through mediation and negotiation a wrongful death lawyer can push back against the other party’s insurance company, demand a higher settlement, and recover the most damages for your family member’s wrongful death claim. If the other party’s insurance company refuses to budge and offer you an acceptable settlement for the victim’s damages, a lawyer can help determine whether you should settle or fight for your lawsuit in court.

Talk to a Wrongful Death Lawyer Today

If another person’s carelessness has caused the death of an immediate family member, you need a wrongful death lawyer to represent your case. An experienced lawyer can ensure that you and your family are taken care of during this terrible time and make sure that the victim’s case has the best possible chances of recovering the most compensation from the negligent party.

If you need a lawyer to represent your family member’s wrongful death case, or offer more information on how wrongful death settlements are calculated, contact the Dixon Injury Firm today to schedule a free consultation. Our Wrongful Death Lawyers understand how difficult the wrongful death process can be and are committed to doing everything in their power to obtain the maximum amount of compensation for the harm and losses of wrongful death victims and their families.

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