Because there are unique circumstances surrounding each family’s situation, it is nearly impossible to provide this answer without assessing individual case details. Additionally, bar regulations forbid lawyers from guaranteeing any type of outcome to clients.
That said, a wrongful death law firm will be able to give you an estimate for your case value based on a number of influencing factors. These will include:
The type of wrongful death lawsuit being filed. Whether you lost a loved one by a defective product such as a prescription drug, a work-related accident, or a drunk driving accident, varying case types will yield higher or lower settlements. Worker’s compensation lawsuits, for example, do not award damages for pain and suffering. On top of this, trial juries can shape the outcome of cases when negligence was clearly preventable, such as in drunk driving accidents.
Economic damages. These are all monetary costs associated with the loss of a person’s life. Courts measure economic damages in a host of different ways, such as projected income loss, medical bills, benefits, funeral or burial expenses, and so on. A wrongful death law firm may hire an expert to calculate these damages.
Non-economic damages. The emotional and relational void that losing a loved one creates is undoubtedly the greatest tragedy for families. In the legal world, it is often called “pain and suffering,” loss of companionship, loss of consortium, grief or diminished enjoyment of life for surviving loved ones. Depending on the state, laws may or may not allow a jury to award these types of damages.
Punitive damages. As the name indicates, punitive damages are charged as punishment when a negligent party’s actions were particularly indecent, shocking or offensive. A wrongful death law firm may demand punitive damages in a case where reckless or malicious behavior led to the death, such as a drunk driving accident.
The best way to understand your individual case value is to speak with a Virginia wrongful death lawyer. We will walk you through the process and leave no stone unturned when it comes to determining the highest possible value for your losses.