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Personal Injury/Wrongful Death  

Wrongful Death Case Settlements

Wrongful death cases include any death caused by a person’s carelessness, negligence, malfunction or malpractice.  When a loved one is killed in a wrongful death incident, the death is unintentional, but ultimately someone is responsible.  During this time of grieving, the thought processes of loved ones are not always clear.  It is best to seek the advice of a personal injury attorney to lead you through the process, and ensure you are getting proper compensation for your loved one’s death.  

A personal injury attorney will review all the factors that affect compensation.  The attorney will explain the difference between compensatory and punitive damages.  Compensatory damage is money awarded by a judge or jury. It is intended to reimburse the family or loved ones of the deceased for the costs incurred as a direct result of the wrongful death.   In addition, such damages are given to compensate the family of the deceased for income they would have received if not for the death.  Compensatory damages are also awarded on the amount of grief and anguish caused by a loss of companionship.

Punitive damages are awarded to the plaintiff when compensatory damages are found to be insufficient compensation.  These damages are viewed as an additional punishment to the defendant’s sentence.  A jury decides the amount of punitive damages to award the family, but a judge can reduce the amount of damages if they are found excessive.  

In a wrongful death case, someone must speak on behalf of the deceased.  This may be a very trying time to speak on behalf of a deceased family member, but it is the only way to tell the judge and jury the story.  You and your personal injury attorney will work together to gather the best information and documentation to present in the courtroom.  

Impact statements from the survivors oftentimes drive wrongful death cases.  Ask that loved ones and friends of the deceased make statements in court.  These statements should be in regards to how the death has affected them, what the deceased meant to them, and how their death has, and will continue to change their life.   In addition to impact statements, photo arrays of survivor’s lives with the deceased also have a huge impact in the courtroom.  Your personal injury attorney will review all documentation and statements, and determine the most effective way to present them in the courtroom, so you receive the maximum amount of compensation for your loss.

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