The loss of a loved one is devastating, particularly when their passing results from another party’s negligence or wrongdoing. In these situations, filing a wrongful death claim can help offer financial relief and a measure of justice. But one of the most common questions families ask is: How are wrongful death damages calculated?
The answer isn’t simple because every case is unique. A variety of factors influence the total compensation, such as the age of the victim, evidence, the cause of their death, the negligent parties, and the losses the family will face because of the fatal accident.
Our Los Angeles wrongful death lawyers can help you understand these variables and ensure your family’s rights are protected.
Factors That Impact Wrongful Death Settlements
No two wrongful death cases are the same, which means there’s no one-size-fits-all formula for calculating wrongful death damages. Several factors influence the value of a settlement, including:
1. The Deceased’s Age and Health
The age and general health of the deceased can affect the calculation of lost earnings and future contributions. For example, a younger individual with a long career ahead may result in higher economic damages compared to an older individual nearing retirement.
2. The Deceased’s Income and Career Potential
The amount your loved one was earning—and their future earning potential—is a key factor in how wrongful death damages are calculated. This includes not just their salary but also benefits, bonuses, and potential promotions.
3. The Relationship to the Deceased
The impact of the loss often depends on the relationship between the deceased and the claimant. For example:
- A spouse may claim for loss of companionship and financial support.
- Children may claim for loss of guidance and parental care.
- Parents may claim for the emotional pain of losing a child.
4. The Circumstances of the Death
The nature of the incident that caused the death can also play a role. In cases involving particularly reckless or intentional actions, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
5. The Evidence Presented
Strong evidence can significantly impact the settlement amount. This includes medical records, financial documents, expert testimony, and statements from family members about the emotional toll of the loss.
What Are Wrongful Death Damages?
In the context of a wrongful death claim, “damages” refer to the financial and emotional losses suffered by the deceased’s family. These compensatory damages aim to compensate survivors for the harm they’ve endured due to their loved one’s untimely passing.
When calculating wrongful death damages, the following are typically considered:
1. Economic Damages
These are tangible, measurable losses that can be assigned a clear monetary value. They include:
- Medical Expenses: Costs related to any treatment your loved one received before passing.
- Funeral and Burial Costs: Expenses for laying your loved one to rest.
- Lost Income: The wages your loved one would have earned if they had lived. This can include future earnings to support dependents.
- Loss of Household Contributions: The value of services your loved one provided, such as childcare, housekeeping, or other support.
2. Non-Economic Damages
These are intangible losses that are harder to quantify but equally important. They include:
- Loss of Companionship: The emotional pain of losing a spouse, parent, or child.
- Loss of Guidance and Support: For children or dependents who relied on the deceased for mentorship and care.
- Emotional Distress: The grief and suffering experienced by surviving family members.
(310) 526-8383How a Lawyer Can Help Protect Your Rights
Calculating wrongful death damages is complex, and insurance companies often try to minimize payouts. That’s why having an experienced attorney on your side is crucial. Our Los Angeles personal injury lawyers can:
- Evaluate Your Claim: Determine the full scope of your losses, including both economic and non-economic damages.
- Gather Evidence: Collect the documentation and testimony needed to build a strong case.
- Negotiate with Insurers: Advocate for a fair settlement that reflects the true impact of your loss.
- Take Your Case to Court: If necessary, we’re ready to fight for justice in the courtroom.
Our goal is to handle the legal issues so you can focus on healing and honoring your loved one’s memory.
Contact a Wrongful Death Law Firm for a Free Consultation
At Omega Law Group Accident & Injury Attorneys, we understand the pain and uncertainty that come with losing a loved one. Although no amount of compensation can ever truly replace your loss, a successful wrongful death claim can help provide your family with financial security and a sense of justice.
If you have questions or need guidance, we’re here to help. Contact us today for a free consultation. We’ll listen to your story, explain your options, and fight tirelessly to protect your rights.
You don’t have to go through this alone—let us be your partner in seeking justice.
