Banning Wrongful Death Settlements
Wrongful death claims can arise for many reasons, including as a result of fatal car crashes or premises liability accidents. Any time a person or entity’s negligent, reckless, or intentional actions cause fatal harm, surviving family members have the right to hold them legally and financially responsible.
While the court can award compensation to surviving family members of someone who sustained fatal injuries as a result of a person or business’s negligence, going before a judge is not always necessary. Call a qualified lawyer at Walter Clark Legal Group to learn about Banning wrongful death settlements and review your options.
The Average Settlement in California
The average wrongful death lawsuit settlement in California can vary substantially depending on the unique and specific circumstances of the case. The court considers various factors, such as all available evidence, the defendant’s actions and severity of the recklessness, and the victim’s age and financial standing when the accident occurred. However, the estimated median wrongful death suit settlement ranges from approximately $500,000 to almost $2 million.
Economic Versus Non-Economic Loss
In wrongful death suits, the court considers the economic and non-economic damages the family suffers due to the loss of their loved one. Economic losses are the tangible and verifiable monetary damages the surviving family members suffer as a result of the death, such as the loss of financial support.
Non-economic losses are subjective and intangible damages that are more challenging to calculate, such as emotional distress and loss of companionship. During a free consultation, an attorney seasoned in Banning wrongful death claim settlements could answer specific questions about the process and possible amounts.
Damages Available in Wrongful Death Cases
A range of circumstances are considered when calculating the amount of damages in a wrongful death settlement, including the following:
- Loss of any gifts or benefits
- The monetary value of household service
- Payment for the cost of medical bills from the accident and funeral and burial arrangements
- Pain, suffering, and emotional distress suffered by the family because of the loss of a loved one
- The loss of financial support the family suffers, such as the deceased person’s earning potential, salary, and benefits they received at their job
The compensation amount can vary significantly, and establishing the family’s total losses is essential.
Right to File the Claim
The personal injury statute gives specific people the legal right to file claims and commence legal action in wrongful death claims. According to the guidelines of the California Code of Civil Procedure § 377.60, the surviving spouse or domestic partner usually has top priority, followed by the decedent’s children.
That includes biological, adopted, or stepchildren. If there is no surviving spouse or children, parents of the deceased may be eligible. Ensuring compliance with civil statutes is essential. An experienced wrongful death lawyer in Banning could handle the legal work and filings on the family’s behalf and fight for a fair settlement amount.
Discuss a Potential Wrongful Death Settlement With a Banning Attorney
If you lost someone you love because of negligence, you have every right to pursue compensation from the at-fault party. While legal work and filings may be the last things you want to consider right now, the claim could help your family financially while holding the liable party responsible.
A compassionate lawyer skilled in handling Banning wrongful death settlements could help you through the process and fight for a just outcome. Call Walter Clark Legal Group soon to schedule a meeting and start working on your case immediately.
