Bharat SainiLast Updated on January 29, 2024 by Bharat Saini
No settlement agreement or legal judgment can bring someone back from the dead. Wrongful death claims are one of the most effective recourse strategies for families to seek justice. Such legal claims hold not only individuals but also companies and other business entities accountable for any negligent actions that helped cause the death of their loved one.
Experienced car accident lawyers can help victims file a lawsuit against the at-fault party, bring them to justice, and obtain compensation for victims’ losses. In essence, it’s a legal way for the family of beneficiaries who’ve been left behind to seek compensation for the economic loss, suffering, and pain they’ve gone through due to the untimely death of their loved one.
So, what are some of the factors that help determine how much the claim you want to make is worth?
Total Medical Costs
The total costs of all medical expenses will play a huge role in determining how much your legal claim is worth. This includes doctor’s visits, hospital bills, physical therapy, prescription medications, and any other costs linked to general healthcare incurred before the death of your loved one. If you find yourself in such a situation, make sure you keep a detailed record of all the medical treatments and how much they cost. These details are what’ll help you prove your financial losses.
Property Damages
It can sometimes be incredibly easy to overlook the property damage your loved one has sustained. However, the cost of replacing or repairing property damages is something most experienced lawyers would never forget to address.
For instance, if your loved one’s vehicle sustained serious damages or was totaled in the accident, that loss can be added to the total value of a wrongful death claim. The expense of replacing or repairing the automobile and any personal property that was inside the car should be considered when determining the overall value of a legal claim.
Pain and Suffering
The pain and suffering the deceased had to endure before they passed on is one of the biggest non-economic factors that can be looked into when finding out how much a wrongful death claim is worth. What’s normally highlighted here is the physical pain the victim had to endure because of the incident or accident that took their life. It also refers to both the emotional and mental suffering they had to go through because of the injuries sustained or their impending demise.
This factor is mainly based on the severity and circumstances that led to the death. The more the victim suffered for passing on, the higher the total value of the legal claim is likely to be. However, the difficulty arises when it comes time to prove the suffering itself, which usually needs medical reports, expert statements, and witness testimonies.
Lifetime Earning Potential
Calculating the deceased’s lifetime earning potential is typically one of the more complicated parts of determining a wrongful death suit’s overall value. This includes finding out how much the deceased could have earned if they had lived. Health, age, earnings history, education level, and career trajectory before their demise should all be taken into account.
You may need the help of an economic expert to provide you with accurate calculations derived from the potential future earnings and general earning history of the deceased. This includes any anticipated career advancements, promotions, and raises that may have been foreseen based on the past performance of the deceased as well as industry trends.
If you have lost a loved one as a result of negligence, get the help of an experienced personal injury lawyer as soon as possible. They will get you the compensation you deserve.
