How Do I Know If My Settlement Amount Is Fair?

If you have lost a loved one in sudden and painful circumstances, your first priorities are to comfort family members and make funeral arrangements.  Soon you will begin to reflect on the circumstances of your relative’s death and you may realize they were the victim of irresponsible or negligent conduct.  That is when you need a wrongful death lawyer to determine if you have grounds to file a wrongful death lawsuit on behalf of the deceased.  If there was negligence involved, you may deserve a settlement from the individual at fault in the form of a wrongful death claim.  Every wrongful death claim is different, but an experienced wrongful death lawyer is familiar with the types of claims that can be filed, what courts in your state normally award in these type of claims, and what your circumstances warrant for your wrongful death lawsuit.  No lawyer can tell you that amount until examination of the details of the wrongful death claim.

Evaluating Your Wrongful Death Claim
In order to determine a fair amount of compensation for your wrongful death lawsuit, your wrongful death lawyer must first determine if you have grounds to file a wrongful death lawsuit.  Your wrongful death lawyer will usually advise you to file a wrongful death lawsuit if there was medical malpractice, a reckless traffic infraction, negligence in the workplace, criminal activity, and negligence during a supervised activity, among other factors.  It will then be the job of your lawyer to prove that the defendant’s irresponsible or negligent behavior, you are entitled to wrongful death claims from a wrongful death lawsuit. 

According to most courts, a proven wrongful death lawsuit should result in a financial compensation.  This compensation is awarded in the form of a wrongful death claim.  Your lawyer will help you determine the appropriate level of your wrongful death claim according to several criteria.  First, your wrongful death lawyer will prove that you are entitled to a wrongful death claim for your loss of financial and emotional support, medical and funeral expenses, as well as any probable future inheritance.  Your wrongful death lawyer will calculate the damages to seek in your wrongful death lawsuit based on the decedent’s age, health, life expectancy, health, earning capacity, and even the needs of their dependents.  The jury does not always award the amount of the wrongful death claim proposed by your legal counsel, but it often has a strong impact on the claim awarded by the jury. 

The bottom line is, a wrongful death claim is a very subjective proposal, and a wrongful death lawyer can only win as much as your jury is willing to award in any given wrongful death lawsuit.  What you and your wrongful death lawyer believe is fair for your wrongful death lawsuit may not be what a court believes is fair for your wrongful death claim.

Pursing Your Wrongful Death Lawsuit
Once you and your wrongful death lawyer have determined you have grounds for a lawsuit your  lawyer will define the statute of limitations in your state for wrongful death claims.  These statutes vary by state, but they often range between one and three years.  You and yourlawyer must file your claim within that statute of limitations or it will not be accepted.  The statute of limitations generally begins when you “discover” that a wrongful death lawsuit might be warranted. 

Once your wrongful death lawyer files your wrongful death lawsuit, the judge often requests that both sides meet to attempt an out-of-court settlement of your wrongful death claim.  Sometimes your wrongful death lawyer will reach a settlement for your wrongful death lawsuit this way, saving you time, money, and a public display of private information about your family.  If that is not possible, the judge may request that you and your wrongful death lawyer seek arbitration for your wrongful death claim.  If either party in the wrongful death lawsuit refuses that request, or if that arbitration fails, your wrongful death lawyer will have to argue your wrongful death claim in court.  Even then, winning your wrongful death lawsuit is not the end.  The jury determines the amount of your wrongful death claim after your wrongful death lawyer presents your case.  All that remains is for the judge to confirm or adjust the wrongful death claim and order the defendant to pay it or appeal the judge’s decision in your case.