Many people lose loved ones in car accidents every year, but sometimes someone else caused the accident. If that happens, you should talk to the best wrongful death attorney in your city right away. You could be able to file a wrongful death lawsuit.
In a wrongful death lawsuit, you can obtain compensation for your loved one’s pain and suffering, medical expenses, and funeral costs. You also can be compensated for your mental anguish and the loss of future income from your loved one.
The best wrongful death attorney you hire will tell you that you can file a lawsuit against any person or entity that caused the death of your relative.
Some of the most common defendants in wrongful death car accident lawsuits are:
- Drivers
- Product manufacturers
- Company owners
- Nursing homes
Compensation In A Wrongful Death Car Accident Case: The best wrongful death attorney in your city will have a team of experts available to determine what the proper financial value was for your loved one’s life. While no one is ever replaceable, there are ways that a number can be assigned to your various losses from your loved one’s death.
Some of the experts that will be called upon to build your wrongful death case are economists, financial professionals, and employment experts.
Most wrongful death cases are negotiated out of court and lead to a settlement. Most defendants and their insurance companies know that a jury could give the plaintiff a much larger amount than what is agreed to in a settlement.
The best wrongful death attorney will look at several factors to decide what the case could be worth.
First, she will review the damages that you and other plaintiffs are entitled to. If the case involves more than one person as a plaintiff, the settlement money may need to share the money. That is a point that will need to be negotiated between the plaintiffs and their attorneys.
For example, a spouse who is 70 years old is entitled to damages, but she will not live as long as the three-year-old son who lost his father. The attorney would likely negotiate a settlement where the child would receive more compensation than the spouse, but this all depends on the case circumstances.
Second, the amount of money you may get in the case depends on the strength of witnesses’ and plaintiffs’ testimony.
It’s important during a trial that the plaintiff and witnesses are sympathetic and seem truthful. If those testifying are not believable or seem unmoved by the loss, that can affect the case.
Juries will usually give a larger award if they find the plaintiff relatable and sympathetic. But if the jury thinks you are just looking for money and don’t seem properly upset, the verdict could go against you.
Third, it matters how the jury values the life of your loved one. Jurors usually get a feel early in the case if they ‘like’ the decedent or not. They also are influenced by whether you had a close relationship with the person or not. It’s much easier for jurors to give a large verdict to a plaintiff if they feel the decedent was a person of value. But if they see the person and the relationship negatively, this could affect the settlement.
Fourth, the limits of insurance coverage often directly affect the settlement or verdict amount. It’s possible that a jury could award you a verdict worth $5 million. But if the defendant only has $500,000 of auto insurance and few other assets, collecting that full amount will be challenging.
However, if the defendant has significant assets, your best wrongful death attorney can go after those funds in another lawsuit.
Fifth, it’s essential that the insurance company or jury accepts that the defendant was at fault for the car accident, or mostly at fault.
It’s your attorney’s job to show that the accident was their fault. The entire case hinges on how plausible that connection is. But if the jury thinks your loved one was partially at fault, that could reduce your wrongful death settlement.
