Compensation and Settlements

Wrongful death cases are complicated, delicate, and complex. Perhaps more than one individual contributed to the death in question and numerous settlements must be reached. Perhaps medical records are unobtainable outside of litigation. An expert wrongful death lawyer will be able to lead the surviving family members through the complicated and painful process of a wrongful death lawsuit.

Pre-trial settlements are often agreed to without a court trial. Many defendants do not want the public notoriety and stigma of causing a death, and so choose to settle instead of face the publicity of a trial. These settlements may be lower than those obtained in court, but with the absence of court costs, often result in a significantly larger net recovery for the surviving family. If there are more than one defendants, and one of them settles out of court, any settlement awarded by a judge or jury against the other defendants will be reduced by the amount of the out of court settlement. If a defendant is released, that defendant has no further liability to contribute to any co-defendants, or a claim to contribution from any co-defendant. These legal terms are confusing to the average individual, but familiar and simple to an experienced wrongful death lawyer. Retaining a wrongful death attorney who can deftly navigate the murky waters of confusing legal jargon on your behalf can be the only feasible way to pursue a wrongful death claim to a successful end.

If a settlement has been reached with another defendant, the remaining defendants carry the burden of proof of that settlement, meaning that they must provide the court with evidence of that settlement in order for it to be subtracted from the settlement against them. The courts will award a total value to the death in question, and then split that amount between the defendants, awarding a certain level of culpability to each that correlates with the amount they are responsible for.

Damages may also be reduced in proportion to payments the plaintiff has or will receive from collateral sources such as insurance other than life insurance or workers compensation. These damages adjustments only apply in the case of medical malpractice or in the case of a public employee against his or her employer or fellow worker. In the case of medical malpractice cases, the amount of the collateral payment will be determined. Subtractions from that amount will be calculated based on the amount that the plaintiff was required to pay in premiums the two years preceding the payment and the projected cost of maintaining his or her health coverage. The final amount will be subtracted from the amount awarded by the court.

If a public employee is seeking damages from his or her employer, reductions may be made in the amount of collateral payments from sources which the employer paid for, such as sick leave or other benefits if the injury occurred at work and the employee was subject to indemnification at the time of injury. Benefits include death and medical benefits, disability retirement, and social security except social security benefits provided for under title XVIII of the social security act. In certain cases, these reductions will be offset by an award for the amount that the public employee contributed to their benefit policy. All of these complicated issues, exceptions, reductions and awards will be explained to you by your wrongful death attorney.

Conclusion

The tragic loss of a loved one should not come with the additional anguish of financial loss and stability. If you believe your loved one’s death was caused by the negligence of another individual or entity, contact a wrongful death lawyer who can help to offset the financial costs of your loved ones loss.

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