What is a Reasonable Settlement Value in a New Jersey Wrongful Death Case?

Losing a loved one because of somebody else’s negligence or intentional behavior is one of the most difficult things to deal with. We understand that money isn’t going to take away your pain, but it can help ease the financial burden that you’re experiencing after losing your loved one. This makes it essential to understand what a Jersey City wrongful death case might be worth.

Factors That Affect Wrongful Death Settlement Value

There isn’t really a “formula” to calculate wrongful death claims; they are all unique and depend on the circumstances. However, most cases and the values of economic and non-economic damages are influenced by many of the same factors. Some of the most common ones that affect the settlement value include the following:

Severity of Injuries

The more severe the injuries, the higher the settlement value usually is. This is because medical expenses are higher, meaning you will be entitled to more compensation. Additionally, serious injuries have the potential to affect someone’s life for a very long time – financially and emotionally – making the claim worth more.

Insurance Coverage Limits

The insurance coverage limits of the at-fault party also play a significant role in the value of a wrongful death claim. Insurance policies all have a cap, meaning they will only pay out a certain amount of money as specified in the policy. No matter what your damages are and what your losses are, if the insurance cap doesn’t cover what you think you are owed, you may not get what the case is truly valued at.

This means you might have to file a wrongful death lawsuit instead of an insurance claim to try to recover the difference between what insurance will provide and what your current and future losses really are.

Strength of The Evidence

Another factor affecting the value of your wrongful death claim is the strength of the evidence. The more evidence there is that somebody else’s negligent behavior or intentional action was responsible for the death of your loved one, the more likely you are to obtain compensation.

Victim’s Age and Employment Status

The age of the victim will also play a role and how much the case is worth. For younger victims with a longer life expectancy, payouts may be greater because they would be expected to earn more in the future. The victim’s employment status will also play a role. If they were already earning a significant amount of money, that will be taken into account when the settlement is offered. How much they currently earn is a significant factor in what the case is worth.

Liability and Comparative Negligence

If the victim was partially responsible for the accident that led to their death, the compensation paid out for the wrongful death claim will likely be reduced. This is because of comparative negligence. Under this rule, the payout will be reduced proportionally to the victim’s percentage of fault.

2A:15-5.1. Contributory negligence; elimination as bar to recovery; comparative negligence to determine damages

Contributory negligence shall not bar recovery in an action by any person or his legal representative to recover damages for negligence resulting in death or injury to person or property, if such negligence was not greater than the negligence of the person against whom recovery is sought or was not greater than the combined negligence of the persons against whom recovery is sought. Any damages sustained shall be diminished by the percentage sustained of negligence attributable to the person recovering.

For example, if the victim was 20% responsible for the accident, the damages would be reduced by 20%.

Ultimately, the value of wrongful death claim varies based on a number of factors. There’s no way to determine what your case is worth without speaking with a lawyer and letting them review your case in detail. If you have questions about a wrongful death claim or you need help, contact us today to schedule a free consultation.

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