How is a wrongful death settlement determined?

A wrongful death settlement is determined based on certain factors that California law recognizes. These factors include the age of the deceased, their earning potential, the extent of the suffering the deceased experienced before passing away, and the amount of economic and non-economic damages that have been suffered by the survivors. The age of the deceased is important for several reasons. For instance, if someone died at a young age, the court may consider there to be a greater degree of loss to their survivors. Secondly, the court will consider the deceased’s earning potential and what type of career path the person was on. The extent of the suffering of the deceased before their passing away must also be considered in a wrongful death settlement. This includes determining if the suffering was due to a physical or psychological cause. Survivors may be entitled to compensation for the pain and suffering that their loved one experienced. Finally, the court will consider the economic and non-economic damages that have been suffered by the surviving family members. Economic damages generally include funeral expenses and medical bills that arise from the death. Non-economic damages include compensation for the grief and mental anguish caused by the death. The court will consider all of these factors when determining a wrongful death settlement. It is important to seek the advice of an experienced wrongful death attorney to ensure that all of these factors are addressed appropriately during the settlement process.

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