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  • How is the Amount of Damages Determined in a Wrongful Death Case?

    How is the Amount of Damages Determined in a Wrongful Death Case?

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Date Modified: September 9, 2023

Pursue Compensation: What Amount Can I Claim?

Wrongful death is the most devastating outcome of someone’s carelessness or willful disdain for others’ safety. While no amount of money can compensate for the loss of a loved one, California’s civil courts intend to alleviate the financial burden that might fall on surviving family members in the event of untimely death by allowing the estate representative to seek compensation from the at-fault party.

  • Video Transcript - How is the Amount of Damages Determined in a Wrongful Death Case?

    Video Transcript - How is the Amount of Damages Determined in a Wrongful Death Case?

    "0:00 how is the amount of damage is
    0:02 determined in a wrongful death case the
    0:05 amount of damages is determined in many
    0:07 ways the economic loss of support to the
    0:10 family is determined based upon the
    0:13 decedent’s expected life expectancy had
    0:15 they not been wrongfully killed and then
    0:18 multiplied into the amount of years they
    0:20 would have lived that would determine
    0:22 how much money they would have been able
    0:23 to provide for the family as a general
    0:26 rule that’s how those damages are
    0:27 calculated. [music]"

However, as a claimant, you may rapidly understand that there is no such thing as an “average” settlement sum.

The Average Wrongful Death Settlement in California

Successful wrongful death claims have resulted in wrongful death settlements ranging from $1,000 to millions of dollars. The amount of compensation your family may receive in the event of a wrongful death gets determined by a variety of criteria, including your loved one’s income, age, education level, medical bills, funeral costs, condition of health, dependents’ situations, and the number of lost benefits.

A free consultation with a wrongful death lawyer is a requirement to learn more about the potential value of your wrongful death lawsuit. Only an experienced lawyer can offer you an accurate, evidence-based evaluation of its worth.

What Damages Can You Claim in a Wrongful Death Case?

You may calculate all the damages a jury or judge might award you if your wrongful death claim succeeds to get a good idea of how much your case is worth. A wrongful death settlement or judgment award is certainly intended to compensate the plaintiff for any economic and non-economic damages incurred as a result of the defendant’s acts.

To begin, sum up your economic losses, as these are quantifiable:

  • Funeral and burial expenses
  • Unpaid medical expenses from the wrongful act that resulted in the decedent’s pain or death.
  • Lost wages
  • Legal fees to pursue wrongful death cases.

Add up how much these expenses have cost the family currently and are going to continue to cost your family in the future. Then think about what noneconomic damages you could have an entitlement to. Emotional distress, the deceased’s pain and suffering before death, and loss of consortium are all examples. Lastly, a judge may award additional punitive damages if the defendant’s acts were extremely negligent or irresponsible.

Factors that Reduce the Financial Amount Paid For Wrongful Death Settlements

In some cases, you may receive less wrongful death damages than you expected; however, there are several simple reasons for this. Your loved one, for example, could have caused their own tragedy. It is conceivable for victims to be negligent in some cases, and not all cases are black and white. For instance, while riding a motorcycle, your loved one may not have used their turn signal. Since the truck driver was not expecting your loved one to halt, a commercial truck behind them may have collided with them.

In this case, your loved one is partially responsible for the collision that resulted in their death. Therefore, a typical wrongful death settlement amount depends on the factors surrounding the death or personal injury claim and whether your experienced attorney can prove wrongful death to the court.

Schedule a Free Consultation with our Wrongful Death Attorneys Today for Your Wrongful Death Claim

It is natural to feel unhappy, angry, and scared about the future after the death of a loved one. Our friendly and charismatic Los Angeles wrongful death lawyers at Ehline Law Firm can take over all wrongful death lawsuits and begin preparing wrongful death settlement amounts, allowing you to spend more time with your surviving family members. You may focus on the factors that matter most instead of stressing about court dates and insurance adjuster forms.

Please get in touch with us right away to begin the process. We are simply a phone call away and would be more than delighted to answer any questions you may have. Call us at (213) 596-9642 or send us an email to schedule your free case evaluation. A personal injury lawyer from our legal offices values the attorney-client relationship and ensures that the decedent’s family members receive a fair settlement.

Michael Ehline is an inactive U.S. Marine and world-famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of U.S. history’s largest motorcycle accident settlements. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients.
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Michael Ehline

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We pride ourselves on being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride and a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.