If you lost a loved one in a fatal accident caused by a negligent party, you may want to file a wrongful death lawsuit. Settlement for this type of lawsuit varies in every case. Although Philadelphia, PA personal injury attorneys have significant success winning awards for wrongful death, your results will depend on the merits of your case. It is then important to understand what goes into the settlement. This way, you will know how much to get to help recover the losses and expenses you are facing.
How Wrongful Death Happens
Wrongful death takes place because of an injury sustained due to the negligence of a party. The average settlement for a wrongful death lawsuit is based on various factors. These factors take into account the liability involved, injury-related bills and expenses, the circumstances that surround the death, and the way the death impacts the people left behind. A judge will take into account the facts of the case and determine an appropriate settlement amount that covers both economic and non-economic damages.
For a wrongful death claim to be recognized by a judge, you must prove that the death of your loved one was an accident, preventable, and not necessary. Also, the death resulted from the negligent actions of the defendant, and the death resulted in extensive damages. Because of the complexity of the process, you must work with an attorney with experience in wrongful death litigation.
Understanding the Particulars of a Wrongful Death Claim
A wrongful death suit is the same as a personal injury claim. First, liability must be determined. Liability may lie on one or more parties, depending on the nature of the accident and the circumstances surrounding it. Also, the injured person may be partially at fault. In such cases, the final settlement amount can be reduced based on the percentage of fault.
However, apart from proving liability, you must also establish that the actions of the defendant directly resulted in the death of your loved one. However, this may not be easy to establish because it depends on proving the action of the defendant and eliminating enough doubt for a judge to agree on the validity of your claim. And if you are fighting against a big, well-funded entity, like a hospital, you can be sure they have lots of resources to use to hire lawyers and investigators to help them challenge your claim. Because of this, you must get a lawyer involved in the process as early as possible.