A wrongful death claim is one filed against a defendant who allegedly caused the death of someone due to intentional harm or negligence. Claims of this nature permit the estate of the deceased party to file a lawsuit against the party who is legally responsible. Typically, the suit is filed on behalf of the family by an individual who is a representative of the family’s estate and other parties that may be affected.
A situation involving wrongful death can occur when someone:
- Is intentionally killed
- Loses their life as the result of medical malpractice
- Is involved in a fatal car accident and the at-fault motorist was driving recklessly
- Inadvertently uses a defective product in the way it was meant to be used and is killed
- Failed to employ due care in a given situation and a person dies because of it
A case of wrongful death may arise from a circumstance where there is evidence that proves death wouldn’t have occurred if not for the misconduct or negligent behavior of another party. If the defendant unequivocally caused someone’s death, there is a high probability the wrongful death action will be successful.
If someone you love has been killed due to the negligent actions or malicious intent of another party, a wrongful death attorney in Vero Beach can help with your case.
How is the Amount of a Wrongful Death Settlement Determined?
Placing a dollar amount on someone’s life is a very difficult and sensitive matter. However, there are many factors that can be considered to reach an equitable amount for grieving family members:
- The age of the deceased
- The earning potential of the deceased
- The health of the deceased
- The annual salary of the deceased
- The circumstances surrounding the passing of the deceased
- The level of education or training completed by the deceased
- Medical expenses incurred by the deceased
- Funeral costs
- The amount of lost benefits such as health insurance or a pension
The total sum of damages can’t simply be an approximation. It’s to be an accurate amount based on factual evidence.
Settlements for wrongful death cases are frequently paid out by the insurance company who offered liability coverage for the entity or individual for the person responsible for the wrongful death. A common practice is for insurance companies to have a financial cap on the policy and they won’t pay above that limit. If the insurance provider won’t pay, the individual is personally responsible for any damages in addition to potentially paying the legal expenses that have amassed during the process.
Wrongful Death Attorney in Vero Beach
At Vocelle & Berg, LLP, we fully understand that no amount of money will ever fill the void left by losing someone you love, but you have the right to hold those responsible accountable for their actions if negligence played a part. If you are entitled to any monetary award based on the truth of the situation.