Call Us Today for Legal Advice in WRONGFUL DEATH, CIVIL RIGHTS, POLICE/JAIL MISCONDUCT and SEVERE INJURY.

JAIL SUICIDE AND DEATH: Haddad and Sherwin is currently representing families of people suffering WRONGFUL DEATH in jail. Click here...

POLICE SHOOTING / WRONGFUL DEATH: Haddad and Sherwin is currently reviewing and investigating POLICE SHOOTINGS and WRONGFUL DEATH cases. Click here...

WINNING MAJOR REFORMS: Improving training and policies to prevent future violations. Click here...

Seeking Wrongful Death Settlements

This content about wrongful death settlements was written by a third party and does not represent the views or opinions of Haddad & Sherwin LLP, nor should it be construed as a complete and accurate statement of the law or as legal advice. For better information about this topic, please contact Haddad & Sherwin LLP.

Though no amount of money could never replace the life of a loved one, depending on the circumstances, wrongful death settlements can help families to recover the value that said person’s life represented when he or she suffered a wrongful death due to a third party’s negligence.

Who can pursue a wrongful death suit?

Each state has specific laws that govern wrongful death suits. However, relatives of the decedent are generally able to pursue damages, most on them relying on a wrongful death attorney to help them.

Spouses, life partners, putative spouses, dependent children, parents, and other family members may be able to seek compensation. Again, this will vary according to the state and its laws.

When pursuing wrongful death settlements, the person who claims damages must be one of the following:

  • The surviving spouse of the decedent
  • The surviving children of the decedent

If there is no other surviving member in the decedent’s line of descent, other family members such as parents and siblings may be entitled to the property of the deceased.

Other people who may pursue wrongful death damages – if they can prove their financial dependence on the decedent – include:

  • The decedent’s putative spouse and his/her children
  • Stepchildren
  • Parents of the decedent

Key factors

Trying to represent a life in terms of monetary value is extremely difficult; this is why there are several factors involved in the process that help your wrongful death attorney to determine an amount for the claim.

Some of these factors are:

  • The age of the decedent
  • The earning capacity of the decedent
  • The decedent’s health before death
  • How much the decedent was earning before death
  • The age and circumstances of the decedent’s dependents
  • The education and skills of the decedent
  • Any bills or expenses incurred for the decedent, such as medical bills
  • Funeral expenses
  • Amount of lost benefits, such as pension and health insurance
  • Other relevant factors include the nature of the injury or accident that caused the death or if the person endured prolonged suffering before he or she died.

However, these factors need to be supported by solid evidence and should not result in a general estimate.

How can a wrongful death attorney help you

Hiring a wrongful death attorney can help you have a clear idea of the types of damages you can pursue and the amount you can expect.

An attorney who has experience with these cases will be able to negotiate settlement offers on your behalf and ensure that you do not receive less than what is fair or reasonable.

If your case goes to trial, an attorney will present evidence to back up your claim in an effective manner.

In general, having an experienced wrongful death attorney by your side will significantly improve your chances of achieving a fair wrongful death settlement.

Haddad & Sherwin LLP has a long, successful track record winning wrongful death and other serious civil rights claims for police and jail officer misconduct, throughout Northern and Central California.  Call or email us for a free consultation.

This content was written by a third party and does not represent the views or opinions of Haddad & Sherwin LLP, nor should it be construed as a complete and accurate statement of the law or as legal advice.  For better information about this topic, please contact Haddad & Sherwin LLP.