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Determining Wrongful Death Damages and Recovery Amount

wrongful death lawsuit settlements average

What Is the Wrongful Death Lawsuit Settlements Average in California?

It is a very difficult time for family members when they lose a loved one, and impossible to quantify the loss monetarily. However, there are state laws that allow family members to recover compensation for the damages they suffered. Compensation in a wrongful death lawsuit can vary due to the factors involved with the case. Wrongful death lawsuit settlements average from hundreds of thousands of dollars to tens of millions of dollars. The following factors could determine the amount of compensation in a settlement:

  • The age of the deceased person
  • The age and circumstances of the deceased person’s dependents
  • The victim’s earning potential
  • The victim’s income at the time of death
  • The value of lost benefits such as a pension and health insurance
  • Medical bills and other expenses incurred before or after death
  • The victim’s education and training
  • Funeral expenses

What Is a Wrongful Death Lawsuit?

Before we can understand the wrongful death lawsuit settlements average in California, we need to know why family members may file a wrongful death lawsuit. A “wrongful death case” is a lawsuit made by the family members of a victim who died of circumstances including:

Understandably, it is very difficult to quantify the monetary value of a family’s loss. Many family members of the victim experience financial instability and extreme emotional turmoil.  Occasionally, they find themselves in a difficult position to pay for medical bills, funeral expenses and supporting children without a spouse.

Due to the consequences of such an unfortunate event, family members may choose to file a wrongful death lawsuit with the intent of recovering compensation.

How Are Wrongful Death Damages Determined?

Professionals, such as financial experts, will analyze the deceased person’s case and consider the various factors to determine an adequate settlement amount. The amount must be supported by factual evidence, not just a mere estimation. If the lawsuit reaches a settlement, each case will vary in the amount agreed upon. If the case continues to trial, then it may result in dismissal, or an amount of damages will be awarded to the victim’s family.

Wrongful death settlements may be paid by the insurance providers of the person or entity who is the defendant of the case. Typically, insurance policies will have a limited amount they are willing to pay, after which the insurance company will not pay additional damages and the culprit is personally liable. If the culprit does not have insurance, then they will be responsible for the settlement or judgment amount determined in the case.

The wrongful death lawsuit settlements average in California is not easy to determine. Many cases come to a settlement and the monetary amount is not made public.

Contact Our Encinitas Personal Injury Law Firm for a Free Consultation

If you lost a loved one due to the negligence or recklessness of another party, then we have the resources to help you determine your legal options. Contact our Encinitas personal injury law firm at (866) 335-1860 for a free consultation. You may also contact us by using our online case review form.

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