There are two kinds of losses an insurer will look at when determining the settlement amount in a wrongful death case, according to a Waldorf personal injury attorney. The first kind of loss can be defined as tangible loss such as lost wages, medical bills and funeral expenses. Tangible loss, or special damages, will be the first thing the insurer considers. The second kind of loss could be defined as intangible such as loss of support, loss of companionship and emotional suffering. Intangible loss, or general damages, is the second thing that the insurer considers in a wrongful death case. The statutes governing what may be paid varies from state to state, says a Waldorf personal injury attorney.
The settlement is intended to compensate a decedent’s surviving family members or heirs for the wrong allegedly done to them by the early death of the decedent. In most cases, negotiations involve loss of companionship, loss of support and lost wages. A Waldorf personal injury lawyer may assist with negotiations with an insurer. Depending on the situation, the settlement may take the form of a creative solution such as assistance with the purchase of a home or funding to start a new business for a surviving spouse says a Waldorf personal injury attorney.
How a Person’s Gender Affects the Value of a Wrongful Death Claim
Since women generally earn less than men, gender is a factor when considering future earnings, according to a Waldorf personal injury lawyer. This calculation may be made in conjunction with other relevant factors such as the decedent’s profession, job, training and educational level. It is possible that a case involving a male decedent will be given a higher monetary value than a comparable female decedent. Another reason for this disparity is that male parents frequently provide financial support for their children’s comfort, support and education. However, as wages and parent’s financial contributions to their children become more equal, these evaluations require careful consideration. The intangible losses, while equal across all genders, are difficult to quantify in financial terms.
If you have questions regarding a wrongful death case, consider calling a Waldorf personal injury attorney. Contact the Law Office of Carroll Drake, LC., at (301)638-1280 to schedule a confidential appointment.