Losing a loved one due to another person’s negligence is one of the most devastating experiences a family can face. While no amount of money can truly replace that loss, a wrongful death claim can help compensate for both the financial burdens and the emotional toll that follows. Our Germantown, MD wrongful death lawyer calculates damages in a wrongful death case, focusing on both economic and intangible damages. Our ability to value your claim leads to positive outcomes in settlement negotiations so that your family recovers the maximum allowable amount of monetary compensation.
Addressing Financial Losses
Economic damages in a wrongful death case focus on the financial losses that result from the death. These are often easier to calculate since they are based on clear, tangible factors. One of the most significant economic damages is the loss of income the deceased would have earned. This includes salary, wages, bonuses, and any other compensation the deceased would have provided to their family. The calculation of lost income also considers the deceased’s career trajectory and expected working years.
Another economic factor is medical expenses related to the deceased’s injuries before passing away. Key documentation we leverage to calculate your losses can include hospital bills, surgeries, or any treatments directly tied to the fatal incident. Additionally, the costs of funeral and burial arrangements are considered, as these are immediate expenses incurred after a loved one’s death.
Emotional And Psychological Damages
While economic damages are easier to quantify, intangible damages are more subjective and focus on the emotional impact of the loss. These damages are intended to compensate surviving family members for the emotional pain and suffering that comes with losing a loved one.
For example, loss of consortium refers to the loss of companionship, affection, and emotional support, typically awarded to a surviving spouse or partner. Additionally, loss of guidance and support may apply when children lose a parent or parents lose a child, as it addresses the loss of parental care, advice, and the emotional bond that comes with it. Pain and suffering also factor into the intangible damages, as surviving family members may experience mental anguish, grief, and emotional distress.
How Lawyers Calculate Damages For Settlement Negotiations
When calculating damages in a wrongful death case, our injury law firm gathers and analyzes various types of information to determine an appropriate settlement. For economic damages, we look at the deceased’s work history, income, and career trajectory to estimate future earnings. If the deceased was a primary breadwinner, this loss can significantly affect the family’s financial stability, and it’s important to capture the full extent of this loss.
To support intangible damages, we often rely on expert testimony from medical professionals or psychologists who can document the emotional distress the surviving family members have endured. These professionals help establish the pain, suffering, and long-term impact of the loss. In addition, vocational experts can assess the deceased’s potential future earnings, providing further insight into the financial loss suffered by the family.
Negotiating A Fair Settlement
Once we have determined the full scope of damages, we begin the process of settlement negotiations. Insurance companies or defendants may offer an initial settlement, but these offers are often much lower than what the claim is truly worth. As your legal team, our job is to advocate for a fair settlement that accurately reflects both the economic and intangible damages.
In many cases, we are able to reach a settlement without going to trial. However, if the offer does not adequately compensate for your loss, we are prepared to take your case to court. Our goal is to fight for a fair and just outcome, so you can focus on healing while we handle the legalities.
Fighting For The Compensation You Deserve
Calculating damages in a wrongful death case involves both economic and intangible factors. While economic losses like lost income and funeral expenses are easier to quantify, the emotional suffering and loss of companionship are equally important aspects of the claim. At Antezana & Antezana LLC, we are committed to making sure every aspect of your loss is accounted for in your claim. As a family-owned law firm, we understand what you are going through and will handle your case with compassion and empathy. Our attorneys have over 20 years of experience, so you can trust us to help you through this difficult time and fight for the compensation your family deserves. Reach out to us to discuss your case—we will stand by you every step of the way. Call now to schedule a free case evaluation.
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