How are Settlements reached in a Wrongful Death Case

A settlement in a wrongful death case refers to the compensation offered to survivors or dependents of the deceased accident victim. The compensation is determined by law according to damages sought out by the survivors.

In most states, the beneficiaries of such claim may seek recovery for the following damages:

• Medical expenses – This includes doctors fees and hospitalization costs


• Cost of rehabilitation and treatment or therapy – This includes expenses for services provided by assistants and other persons. This could include training for a new occupation if the injury prevents the injured party from working in his/her normal trade or occupation


• Pain and suffering - Compensation for the hurt that an injured party suffered and has to endure as a result of the negligence of another person.


• Lost wages - Wages and earnings which would have been earned by the victim if he were alive.


• Punitive damages – This a penalty imposed on the negligent party to deter him from acting in a similar manner.

In filing a settlement case, one should be aware of the statute of limitation requirements. Each state is governed by its own statute. In California, for instance, the statute of limitation in a wrongful death case varies depending on the nature of the lawsuit and the status of both parties in the case.

Generally, the insurance company of the offending party negotiates a settlement with the claimants or beneficiaries, through its attorney.

When negotiations fail, the survivors may seek the judgment of the court to settle their claim. In this case, the judge often determines and decides on the amount of compensation for the survivors, which is often helpful especially in cases where an insurance company is unwilling to settle.

For a court to award a settlement, a claimant must have substantial proof that the offending party’s negligence or reckless actions caused fatal injuries to the victim which lead to his death.

In deciding on the amount of compensation, a court often considers the cause and the effects of damages of the accident on the survivors.

In situations like this, it would be advantageous for a claimant to hire the services of an attorney to look after his legal needs. A qualified and knowledgeable attorney who has experience in handling wrongful death settlement cases will help improve one’s chances of getting a rightful compensation.

During a settlement case, an experienced attorney can help you mostly with the following duties:

• Evaluate your case


• Determine liability of other party in the case


• Advise you if you still have time to file a lawsuit


• Determine if you are eligible to bring such a suit


• Gather enough evidence to support your claim


• Inform you on the kind of damages recoverable


• Inform you on the best strategy to settle or litigate your case


• Help obtain information you need to win the case, such as medical evidence, police reports, physical evidence of an accident or violence, and expert evidence on many subjects, including drug side effects, faulty products, and medical effects.


• An attorney can also interview and screen witnesses on your behalf.

By all means, if your case goes to court, a wrongful death attorney will represent you in the proceedings and assist you in all the processes of filing pleadings, obtaining evidence through discovery, and eventually, winning your settlement.