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There is no average settlement for wrongful death lawsuits, because every case has its own circumstances. However, typical factors that influence this number include:
- How the decedent passed away
- The nature of their injuries
- If they were the breadwinner of the family
- How their death has affected their surviving family members
- Final arrangements
A wrongful death lawyer can help you hold the other party accountable for your loved one’s and the rest of your family’s damages. They can pursue compensation on your behalf while you mourn your loved one.
What is Wrongful Death?
Wrongful death is an action brought upon the accused or guilty party separate from any criminal charges they may also be facing. This means that if the defendant is acquitted in court, the decedent’s survivors may still bring suit against them, whether the action that led to wrongful death was intentional or accidental.
How a Wrongful Death Settlement is Determined
When determining how much compensation you can seek in a wrongful death settlement, these aspects of your case may factor into that amount:
- How the decedent died
- The responsible party
- The degree to which the defendant is responsible
- The decedent’s annual salary
- Potential earnings
Others include the needs of surviving dependents and loss of companionship.
What Kinds of Damages Will Someone Collect in a Wrongful Death Settlement?
There are two types of potential damages you may collect in a wrongful death lawsuit:
- Compensatory damages
- Punitive damages
Compensatory damages can include:
- Lost wages or inheritance
- Funeral expenses
- Accident-related medical expenses
- Loss of companionship
- Pain and suffering
Punitive damages are determined in court and are intended to punish the defendant, should they be found guilty.
Who Can Submit a Wrongful Death Lawsuit?
Certain people can bring a wrongful death lawsuit against the liable party.
According to O.C.G.A. § 53-2-1, the decedent’s surviving spouse can file a wrongful death lawsuit in Georgia. If the decedent didn’t have a spouse, their children can carry out this action. If the decedent didn’t have a spouse or children, their parents can file suit. In the event the decedent had no surviving family, an executor or personal representative will bring wrongful death action.
In South Carolina, the deceased person’s executor or personal representative will file the wrongful death lawsuit, asS.C. Code § 15-51-20 explains. However, the surviving family members are eligible for recovering damages.
Who Pays the Wrongful Death Settlement?
Generally speaking, the defendant’s insurance company will pay the wrongful death settlement. However, they usually want to settle as quickly as possible and offer you less than what you are entitled to receive.
A lawyer will fight on your behalf to get you and your family the compensation you deserve.
How a Wrongful Death Lawyers Can Assist You and Your Family
Now is the time for you to be with your family and grieve your loved one. You shouldn’t be worried about navigating the legal system. Instead, put your case in a wrongful death attorney’s hands. They will:
- Collect medical records and speak to your loved one’s doctors
- Talk to the insurance companies and other attorneys
- Order a copy of the crash or incident report
- Evaluate your past and expected losses
- Gather relevant photographs and video
- Take witness statements
- Request a settlement amount from the insurer and negotiate until they find common ground
- Litigate your wrongful death case before a jury
An attorney at our firm can handle your case if your loved one succumbed to their injuries from a:
- Car accident
- Work injury
- Dog bite
- Dangerous drug
- Defective product
- Motorcycle accident
- Bicycle accident
- Nursing home abuse
- Truck accident
- Slip and fall
They can manage your case for you on a contingency-fee basis*, so they won’t ask for any payment unless they resolve your case.
Call George Sink, P.A. Injury Lawyers for Help With a Wrongful Death Case
It doesn’t matter what the average settlement for a wrongful death lawsuit is, as we are only concerned about the compensation you and your family need to cope. Just allow us to take on your case for you. You can receive a free consultation with one of our team members.
Contact George Sink, P.A. Injury Lawyers today to learn more about we can help you recover damages.