Losing a loved one in an accident is devastating, and in the absence of criminal liability, a wrongful death civil suit could be your only recourse. But it’s hard to know what an appropriate wrongful death lawsuit for your particular situation should be. No amount of money can replace a human law, but in Florida, the law places dollar values on specific aspects of the victim’s life to develop a framework for the damages.
Such cases can choose to be worth as well.
What Are The Monetary Factors In A Wrongful Death Lawsuit?
Part of the calculations that factor into a settlement is the actual monetary losses that were realized from the accident:
- Funeral Expenses – You are entitled to reimbursement for any costs associated with the funeral and burial, including casket, burial plot, et cetera.
- Medical Expenses – If your loved one did not die instantly as a result of the accident; you may have accumulated medical bills.
- Property Damage – Any physical damage that occurred to your property during the accident should be included. For example, if your loved one died in a car accident, the car damage is actionable.
- Lost Wages – These would be for any work that the deceased person would have performed before death. Lost future earnings is a separate category that will be discussed in the next section.
In addition to the expenses occurred, there is an opportunity cost that arises when someone who is earning wages dies. This amount is based on the age of the deceased at the time of death and their earning capacity. Generally, younger individuals who have a higher earning capacity would score higher in this category than an older person with fewer working years ahead of them who earns lower wages.
Anyone who’s survived the unexpected loss of a loved one can attest to the mental anguish that ensues. These costs are difficult to put a number on, which is why wrongful death attorneys in Florida specialize in these types of cases. Some of the factors that they’ll examine are loss of companionship, diminished quality of life, and pain and suffering. Remember, not all victims die on the date of the accident so that damages may accrue during the period preceding their death.
Is The Settlement For Criminal Death Lawsuit Taxable?
You have just lost your loved one in an accident that was tragic. To heal the wound of the ultimate loss, you may want to win the lawsuit. This will not help to bring the person back but can help to cope up with the situation. While it is time to pay the taxes, a question may arrive in your mind that If you have experienced a wrongful death lawsuit settlement, then will it be taxable? You are lucky that it does not apply to you.
To understand better, you can also choose to consult with your tax professional or accountant before you co sider taking action.
The state of Florida does allow punitive damages, but only in cases where the plaintiff can demonstrate intentional misconduct on behalf of the defendant or gross negligence. You can find court cases throughout the country where one or both of these standards have been met, but they are by no means automatic. Your wrongful death lawyer can advise you as to how likely punitive damage recovery will be in your case.
The Period Taken For The Lawsuit To Settle
A common question occurs when someone attains a wrongful death suit, how long will the lawsuit take to settle down. It is tough to gauge the time, and a wrongful death suit can take to resolve. There are instances of many cases, where the bad guys have settled the cases too quickly. Opposing counsel at other times considered a case to be too strong and also tried to avoid it to settle. Hence, at such times such lawsuits that were wrongful can take up to two to four years. You can observe the results by the onset of the trials. As you move closer, there are chances of case settlement quickly.
Damages Caused By Wrongful Death
There are several damages done in a claim of wrongful death. However, the survivor can receive compensation in some cases. Such a situation includes:
- The suffering and pain of the pre-death of the deceased person. This claim is known as the Survival Claim.
- The cost of burial and funeral.
- The costs incurred by the victim who is deceased in terms of medical treatment that resulted in some kind of injury before death.
- The loss that the deceased person faces in terms of expected income.
- If there is someone of inheritance because of the death of the person.
- Loss of companionship and love.
- The value of several services that would have been provided by the deceased.
- Loss of guidance, care and nurturing that would have been provided by the deceased.
Statute Of Limitations
This varies by state. If you’re in Florida, you have two years from the date of death to file a claim for a wrongful death lawsuit. Note that this is different than with a non-death personal injury case where you have four years from the date of the accident.
If you have lost a loved one in an accident, contacting FL wrongful death lawyer at your earliest convenience. There are no out-of-pocket fees. All lawyers work on a contingency basis.
It is crucial to know the settlement of an average wrongful death settlement. Also, each case is unique, and you should understand a typical settlement. The news of losing someone suddenly is devastating. Several factors are considered when the calculation of settlement is done. You cannot quantify the value of the person you have lost. But still giving a lawsuit will help to overcome the pain to a great extent. Some damages are not tied to economic issues, and it can also result in being more speculative. More at 1800Injured.care.