Wrongful death claims are brought against the defendant, who has caused someone’s death either through negligence or as a result of some intentional action. Wrongful death claims allow the state and those close to a deceased person to file a lawsuit against the party who is legally liable for death.
Though each state’s wrongful death law varies, these kinds of lawsuits are generally filed by a representative of the deceased person’s estate, often, on behalf of the surviving family members affected by the death. A dedicated lawyer could explain your rights and types of recoverable damages in Arlington wrongful death cases.
What Other Considerations Should Families Make When Seeking Damages In Arlington Wrongful Death Cases?
One of the main considerations in determining damages in a wrongful death is a financial injury or pecuniary injury. This often includes the loss of support, loss of potential inheritance, and loss of companionship, as well as medical and funeral expenses. Most laws and court systems rule that the damages awarded in a wrongful death case may be fair and just compensation in accordance with the pecuniary injury resulting from the death.
Factors considered when determining these losses include considerations of both the decedent and the distributees. Most factors would include:
- Age
- Character and condition
- Earning capacity
- Life expectancies
- Health and intelligence
There may be additional circumstances both financial and physical to factor in.
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Potential Damage For The Wrongful Death Of a Minor Claim
Recovery in a wrongful death of a minor case should be reasonable recompense for the parental pain and suffering including fair compensation for services that might reasonably be expected the child would render the parents from the date of the accident to the date of its majority because damages are not ordinarily recoverable in death actions for the mental anguish, suffering or bereavement of the surviving relatives.
This approach goes to the heart of the issue and recognizes that the death of the child results in the loss of love, affection, and solace. The courts are allowing recovery for parental grief caused by death. Recoveries tend to be more realistic, therefore, the preferable rule would appear to be one which provides a separate standard in cases of the wrongful death of a minor with recovery based on pecuniary loss which the parent can sufficiently prove coupled with considerations of parental grief.
How Are Future Damages Calculated?
In cases involving the death of a minor child, the measure of recoverable damages has been subject to most litigation. There is not really any current judicial formula that has evolved which will ensure an adequate recovery in every case, and at the same time, ensure a good settlement or verdict. Non-economic future damages are difficult to quantify. That is why it is so important to bring in an experienced wrongful death attorney so they know how to properly evaluate the case.
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How Do Settlement Negotiations Impact The Compensation a Family Receives?
Settlement negotiations with an insurance company can happen prior to filing a lawsuit. Many times, it is beneficial to try to settle prior to filing a lawsuit. If the liability is clear and the damages are easily determined to be in excess of the policy limit, then an early pre-litigation settlement may be the best route to pursue, but often, the insurance companies just don’t want to pay what they should pay.
In those situations, a lawsuit will most likely be filed and still settlement negotiations can occur even after lawsuit is filed. Filing a lawsuit and occasionally, taking it all the way to a jury verdict is how an attorney will get a family fully compensated.
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Mistakes To Avoid During Settlement
There are several mistakes individuals make during a settlement negotiation. One of the most common mistakes in a wrongful death case is family representing their case on their own without an attorney.
They may have done some research on the subject and think that they can handle their wrongful death case on their own, but the court system in wrongful death cases are extremely complex for the average person to understand.
Individuals may find themselves struggling with legal the terminology, finding irrelevant evidence, and keeping up with the deadlines. This is likely to happen because they cannot learn everything within a few weeks through online guides. Instead of jeopardizing their case, better to hire an experienced wrongful death attorney to increase their chances of receiving a favorable outcome.
Waiting Too Long To File
It is difficult for a person to think about going to court and starting a case right after the death of a loved one. However, it is important to take prompt action. Statute of limitations in Texas is two years. It means they got two years from the passing of their loved one in order to file a case, and it can take some time to choose an attorney, gather the evidence, and arrange all the required documents, collect files and both take action as soon as possible.
Readily Accepting Any Offer
Apart from making them believe that they have got the client covered in their worst times, insurance companies try to trick them into accepting a lower settlement amount while making it seem generous and the best offer available.
They take advantage of their situation and try to convince them that matters can be settled peacefully and they don’t need to go to court. However, they should never accept such a settlement without consulting with their attorney. This is because their attorney will look for what is best for the decedent’s family, and most likely, will be able to negotiate a higher amount of compensation.
Learn More About Damages In Arlington Wrongful Death Cases Today
Wrongful death suits are emotionally charged cases no matter how the accident happened and who it involved requires legal and professional help. An attorney can provide numerous benefits for the wrongful death claim alleviating stress off to them and their family so they can focus on healing and not getting caught up in the paperwork. Call today to learn about damages in Arlington wrongful death cases.
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