How to Calculate the Best Wrongful Death Settlement

A wrongful death settlement occurs when a person loses their life under conditions that could have been remedied before the incident. Calculating a wrongful death settlement is a complex process. Seeking the advice of reputed lawyers is important for understanding such cases and ensuring that you take the right direction to calculate the maximum settlement amount under the specific circumstances.

Defining Wrongful Death

The exact definition of wrongful death may be portrayed differently in different states, but ultimately presents as a death, which occurs due to negligent behavior or willful act of a person. The death civil case can only be pursued if the close relatives of the deceased pursue the case within the defined statute of the particular state. Take the example of Florida, where the statute of limitations for filing a case for wrongful death is within a period of two years counting from the death of your loved one.

The Calculation

Calculating an optimum wrongful death settlement is difficult, because valuing a human life is nearly impossible. You shold seek a knowledgeable wrongful death lawyer in your state to calculate an amount, which is based on the following important factors:

  • The age of the deceased individual
  • The earning capacity of the deceased
  • The income the deceased was earning at the time of death
  • The circumstances of the deceased’s dependents
  • The health of the deceased person
  • The professional background of the deceased
  • The various expenses including the funeral incurred for the deceased
  • Lost benefits of the deceased, such as pension and insurance

These factors are difficult to calculate for a plaintiff. Seeking the advice of a reputed wrongful death lawyer in Florida is important, as it allows you to ensure that all the applied types in the case of your loved one, will be covered in your settlement. The Supreme Court of Florida has already adjourned that a limit cannot be placed on the settlement received based on a wrongful death, especially occurring as a result of medical malpractice. The court ruled this since there are several instances where there are multiple affected individuals and a statutory limit of one million dollars may not be enough to cover the monetary and psychological losses of all involved parties (spouse, children and parents, etc.).

The Settlement

The liable party for a wrongful death may present you a settlement based on their calculation of the factors that we have described here. However, you may not find them suitable and sufficient in your deceased’s case. Hiring an experienced wrongful death attorney, in this case, will ensure that you proceed to trial and receive the optimum settlement that you deserve. Trial success is not always guaranteed, but knowledgeable lawyers will ensure that your case and calculating elements are properly factored in during the proceeding of the trial.

Wright & James, P.C. has offices in Georgia and Florida. We have experienced attorneys that can proceed your wrongful death settlement case and ensure that your rights are properly secured. Contact us now at (850) 438-7285 to schedule an initial consultation.

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