How Are Wrongful Death Settlements Calculated? 

To calculate wrongful death settlements, your attorney must know all the facts of the case and the extent of the losses your family has incurred due to the negligence of another party. The amount is determined by evaluating a range of factors that measure the financial impact and the suffering incurred from losing your loved one. These calculations are designed to ensure that the compensation awarded reflects the true extent of the damages experienced by surviving family members. 

If you have experienced a tragic loss and wonder whether you should file a wrongful death claim or how the settlements are calculated, speak with our team at Douglas & London. We are here to help you understand your legal options. Consultations are free and confidential. 

What Is a Wrongful Death? 

Wrongful death occurs when a personal injury accident ultimately causes the victim’s death. These claims can arise from vehicle collisions, medical malpractice, workplace incidents, or defective products, among other causes. Relatives usually bring a wrongful death lawsuit after the loss of a family member due to either the defendant’s negligence or intentional harm. It allows those closest to the victim (the “decedent”) to recover damages. State statutes determine who may file a wrongful death lawsuit and how long they have to do so. 

Proving Negligence in a Wrongful Death Claim in New York 

To pursue a wrongful death claim, the burden is on the plaintiff and their attorney to prove negligence, which consists of the following four elements: 

  1. Duty of Care: The defendant had a legal duty to the plaintiff.  
  2. Breach of Duty: The defendant breached that duty by failing to act or acting in a negligent, careless, or intentional way. 
  3. Causation: The death was a direct result of the defendant’s breach of duty. 
  4. Damages: The surviving family members must have suffered quantifiable losses due to the death.  

    The claim must be filed within two years of the date of death, so it is crucial to adhere to this deadline. 

    The Factors Influencing Wrongful Death Settlements 

    As noted, calculating a wrongful death settlement is complex because it considers several factors, which include the following:   

    Lost Income 

    When calculating lost income in a wrongful death claim, the deceased’s primary earnings and any supplemental income is considered. This includes their salary, potential future raises, and benefits.   

    Medical Expenses 

    Medical expenses encompass all costs from hospital stays, surgeries, and treatments before your loved one died. Detailed medical records and bills are essential to quantifying these expenses accurately. 

    Funeral and Burial Costs 

    These expenses cover the costs of the funeral service, burial, or cremation. These expenses can place a significant burden on grieving families, and compensation can help ease this financial strain. 

    Loss of Parental Support and Guidance 

    When a child loses a parent, they forfeit the love, support, training, and all the guidance the parent would have provided. Losing that is irreparable even if another family member or adult steps into that role. 

    Pain and Suffering Damages 

    Pain and suffering damages reflect what the deceased endured before they passed. This is assessed by examining medical records, expert opinions, and witness accounts to determine the extent of the deceased’s distress. 

    Other factors influencing the settlement amount include the decedent’s age and health, education, the extent of the family’s economic losses, the decedent’s expected lifespan, and the severity of the defendant’s negligence. However, each case is evaluated individually, underscoring the importance of hiring an aggressive and skilled attorney to fight for your rights.  

    Schedule a Free Consultation at Douglas & London 

    At Douglas & London, we are not afraid to take on difficult cases. We have recovered over $18 billion on behalf of our clients. Our experience, care, and work ethic are second to none. We consult the best experts and specialists and give you and your case the attention and compassion it deserves.  

    Schedule a free, no-obligation consultation with an experienced and compassionate wrongful death lawyer in New York City today. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your damages and losses.