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Accident victims can file a personal injury claim and seek restitution for their losses. What if the accident is fatal? In such terrible circumstances, a wrongful death lawsuit may help surviving family members recover compensation from those responsible. Consult a Stockton wrongful death attorney today to learn more. 

What is wrongful death?

Wrongful death happens when a person or entity fails to execute a legal responsibility, resulting in death. When this occurs, some surviving family members or a personal representative from the deceased’s estate may launch a wrongful death case.

The plaintiff must establish certain criteria to receive compensation in a wrongful death claim. Plaintiffs must demonstrate the following:

• A person or entity acted carelessly or intentionally wrongfully.
• Their acts directly resulted in a fatality.
• There are monetary losses linked with the death.

If these components are established, surviving family members or the deceased’s estate may be awarded compensation by a court or offered a settlement by the party that caused the death or their insurance.

Personal injury lawsuits vs. wrongful death

Wrongful death claims are similar to personal injury cases in many ways, but they arise when an event causes death rather than merely injuries.

Accident victims can sue or negotiate a settlement on their behalf in a personal injury claim to seek compensation from those who have damaged them. Personal injury victims must demonstrate that the perpetrator harmed them knowingly or carelessly. They may be able to claim compensation for medical costs, lost earnings, pain and suffering, and mental anguish if they do.

A wrongful death suit is filed by the deceased’s family or personal representative against those responsible for the tragedy. They can launch a lawsuit or arrange a settlement to collect compensation for the deceased’s medical costs, agony, and suffering before death. They may also be compensated for funeral and burial expenses and the loss of the deceased’s future income and companionship.

Is there an average wrongful death settlement?

Some wrongful death claims are settled for tens of millions, while others may be settled for less than a million dollars. Unfortunately, there is no such thing as an “average or typical” settlement sum. 

Since no two legal situations are precisely comparable, it is impossible to compare them. Some cases are tried, while others are resolved before the trial.

There might be a lot of unknowns throughout a trial. That is why, when individuals ask what the typical wrongful death settlement is, they are told there is no way to know. However, a lawyer can assess the facts of your case and give you an estimated sum based on your claim.