Suppose someone has ever been involved in a fatal accident or a wrongful death. Then people start wondering, what is an average settlement for wrongful death. The truth is, there is no fixed or average settlement for this kind of case because every case and situation is different from others.
While you are confused about the lawsuit of wrongful death, and you are uncertain about how an illegal death settlement works and goes. Then this article can help you. Here you will find a simple guide to the wrongful death lawsuit and settlement in Red Deer. So keep reading!
Table of Contents
What is Wrongful Death?
Wrongful death refers to an accident that happens intentionally or unintentionally for one’s negligence. Sometimes the accident occurs only because of the other party’s guilt and carelessness. The average settlement will depend on some factors and the circumstances in such an incident.
Every case is unique to others. Sometimes, it depends on the liabilities, costs, and bills involved with the incident and the injury. The crucial point is how this death or accident affects the victim’s family.
The court will consider all the factors of that particular case in a specific manner. Later on, the judge will determine a standard amount of settlement according to your circumstance and situation. It could be both economic and non-economic damages.
How to Claim a Wrongful Death?
When you claim a settlement for wrongful death, you need to prove with help of lawyer to the court that the death was intentional or unintentional. This happened directly of the defendant’s carelessness. Again you have to confirm the action was negligent, and the damages and losses were big enough to claim wrongful death.
There is some uncertainty about whether you can win the wrongful death case or not. And sometimes it is a bit difficult for an average person to understand all the matters of lawsuits.
It is essential to remember that there are so many similarities between claiming a wrongful death settlement and a personal injury case. And the process is also quite similar to a personal injury claim.
1. Responsibilities of The Incident
This factor will determine who was guilt of the accident. In some cases, the victim who was injured also has some issues in that incident. For those particular cases, the settlement amount will be reduced only because of the victim’s partial faults.
In accidental injuries, determining the liabilities often depends on the defendant’s faults, and they are also responsible for that incident. Again, the court will also count the medical bills, costs for that injury for claiming the settlement.
2. The connection between Defendant’s Actions and Death
For asking for a wrongful death settlement, sometimes it would not be sufficient to prove all the case’s liabilities and factors. You also have to prove in the court that the defendant’s action directly had a connection with the decedent. The proof and claim should be clear enough for a good and standard amount of settlement.
Sometimes, proving the defendant’s wrong or guilt can be difficult and challenging because it relies not only on proving all these in the court. You also need to make sure that your claim has no doubt and is clear enough to make the defendant’s guilt. Removing all the suspense is important.
Read Also: Purpose of a Class Action Lawsuit
Filing a Claim for Wrongful Death
In Red Deer, you can file a claim for a settlement by following two criteria. Both criteria maintain more or less 24 months’ statute of limitations. And how early you can file for a claim will depend on two main factors. Those factors are given in the following;
1. The Representative of The Estate
A representative of the victim’s estate is the only side who can file for a settlement claim and they have to file the claim within a certain period after the victim’s death. This claim will give the representative a chance to get all the money for the hospital care bills, all funeral costs, and so on.
When the first six months are passed, the victim’s beneficiaries can file a claim for wrongful death. This claim will cover all the decedent debt and the loss of the beneficiaries they had to deal with. A beneficiary can be a decedent’s spouse, children, or any family member.
Damages of a Wrongful Death
There is no average settlement for an individual case as we know that all point is different from the other case. But the average settlement for a wrongful death settlement mainly focuses on two types of damages. They are:
1. Survival Money
This type includes the costs and expenses that the survivors had to deal with in caring for the decedent and the funerals’ cost. This money also includes all the debt of the decedent. If there are any minor damages, then it will fall under the personal injury lawsuit.
2. Loss Damages
This type includes the loss of the victim’s death as the leader of the family. For example, it will include income loss and loss of wages. It also includes the lack of love and care as a spouse and the guidance and care as a parent. While combining all these, the money will not replace the person they lost.
How Much Is An Standard Wrongful Death Settlement?
Wrongful death settlements vary from situation to situation. It also depends on the state or the country you are living in. Some countries lawsuit offers a significant amount of compensation, and some are not. But on average, this amount can easily reach thousands of dollars.
If you can prove and address the damages you had to deal with, there is a higher possibility of getting a larger amount. But proving this in front of the court is not an as easy task as you think. So it is always better to hire a wrongful death lawyer who is well experienced in this field and can help you out.
How To Hire A Lawyer for Wrongful Death Lawsuit?
There are so many things to do when you need to file a claim. And also, there is some court formality by which you need to proceed. The chance of getting a standard settlement will mainly depend on how your present and mention your damages in the court.
Sometimes, all these factors seem so complicated for an individual. And sometimes, making a wrong step can lead to loss of the case, and you will lose everything. So a professional lawyer can help you out who is experienced enough in dealing with wrongful death cases.
If you hire a good lawyer, then s/he will handle all the things from top to bottom. And you will get that personal attention that you need for your case. Moreover, they will assist you by giving the best advice and moving forward with the best option you deserve.
The Bottom Line
Sometimes, determining the compensation for wrongful death can be very complicated. If you are not aware of the wrongful death lawsuit, it can be a reason for your loss. So knowing and learning about the wrongful death lawsuit is very important.
But it is always better to hire a wrongful death lawyer who is experienced and has skills in these fields. You will find a lot of experienced, well-known lawyers in Red Deer. You have to find the right and correct one for you. Hopefully, from this writing, you have learned the basic Guide to Wrongful Death Lawsuit & Settlement.