When dealing with the loss of a loved one due to someone else’s negligence, understanding how we, as Tampa lawyers, value a wrongful death case is important. You’re likely wondering how your lawyer will calculate the compensation you deserve.
Our team of experienced Tampa wrongful death lawyers at Anidjar & Levine will work to uncover the full scope of your losses. If you’re seeking the guidance of a Tampa wrongful death lawyer, it’s important to understand the specific factors we consider when assessing your case.
Calculating Economic Damages
Now, it’s important to comprehend how to calculate economic damages, which are tangible losses resulting from wrongful death.
To compute economic damages, you’ll need to gather evidence and documentation to support your claim. This includes medical expenses, funeral expenses, and other related costs. You’ll also need to calculate lost income, which can be a complex process. Lost income includes the wages, benefits, and other forms of compensation the deceased would have earned if they had lived.
Additionally, you may need to consider other economic losses, such as the value of household services, transportation, and other expenses the deceased would have provided. An experienced Tampa wrongful death lawyer can help you handle this process and increase the chances that you receive fair compensation for your losses.
Non-Economic Damages Considerations in Tampa
As you pursue a wrongful death claim, it’s important to ponder non-economic damages, which can be just as devastating as economic losses. These damages encompass the emotional and psychological suffering you’ve endured due to the loss of your loved one.
When valuing non-economic damages, wrongful death lawyers consider the following factors:
- Emotional anguish: The depth of your grief, anxiety, and depression caused by the loss.
- Loss of consortium: The deprivation of your loved one’s companionship, love, and support.
- Loss of guidance: The absence of your loved one’s guidance, mentorship, and wisdom.
- Inconvenience and hardship: The disruption to your daily life, routines, and relationships.
These factors can profoundly influence the value of your wrongful death claim. By considering the severity and duration of your non-economic damages, your lawyer can build a stronger case for compensation.
Determining Life Expectancy Impact
How do life expectancy and potential lifespan impact the value of a wrongful death case? Lawyers must consider the deceased’s life expectancy at the time of their passing when determining the value of the case. This is important in calculating the deceased’s future earnings potential, which directly affects the overall value of the case.
Lawyers typically consult actuarial tables to determine life expectancy. These tables provide life expectancy rates based on age, gender, and other factors. We may also conduct a medical history review to identify any pre-existing conditions that could have affected the deceased’s lifespan.
Evaluating the Survivor’s Relationship in Tampa
When evaluating a wrongful death case, you’ll need to assess the relationship between the survivor and the deceased.
Spousal Relationship Loss
One of the most significant factors in evaluating a wrongful death case involving a spouse is the nature and quality of your relationship. As the surviving spouse, you’ve lost more than just a partner; you’ve lost a companion, a confidant, and a lifelong friend. The value of this loss is often referred to as marital companionship value or consortium damages.
To determine the value of your spousal relationship loss, Tampa wrongful death lawyers will consider the following factors:
- Length of the marriage: The longer the marriage, the more significant the loss.
- Quality of the relationship: The strength and closeness of your bond will impact the value of your loss.
- Emotional dependence: If you were emotionally dependent on your spouse, your loss may be more substantial.
- Shared activities and interests: If you share hobbies, interests, or responsibilities, your loss may be more significant.
Dependent Child Loss
Losing a parent is a devastating experience for a dependent child, and the impact of this loss can be just as profound as the loss of a spouse. As a dependent child, you relied on your parent for emotional support, financial security, and parental guidance. When they’re gone, you’re left to go through the world without their love, care, and direction.
Lawyers will assess the strength of your relationship with your parents to evaluate the emotional impact of this loss. We will consider factors such as your age, the level of dependency, and the quality of your relationship. The loss of parental guidance can significantly impact your life, affecting your education, career, and personal relationships.
The goal of this assessment is to determine the value of your loss, taking into account the emotional, financial, and psychological toll of your parent’s passing. By evaluating the specifics of your situation, your lawyer can build a strong case to increase the chances that you receive fair compensation for your loss.
Our Tampa Wrongful Death Lawyers Can Negotiate a Fair Settlement
When negotiating a fair settlement for your wrongful death case, you’ll need to carefully evaluate the strength of your case, accurately calculate the damages you’re owed, and leverage your advantages in negotiations. Our Tampa wrongful death lawyers can help you recover compensation via negotiating a settlement.
Leverage in Negotiations
As you enter the negotiation phase, having a clear understanding of your case’s value gives you considerable leverage in securing a fair settlement. This is because you can confidently assert your demands and counter any lowball offers from the opposing party.
During settlement negotiations, it’s important to remember that:
- Liability is not always clear-cut: Even if the defendant is mostly at fault, there may be negligence or other factors that can affect liability.
- The insurance company has a budget: Insurers often have specific budgets for settlements, and knowing this can help you negotiate a more favorable outcome.
- Emotional appeals can be persuasive: Highlighting the human impact of the wrongful death can sway the opponent’s perspective and increase the likelihood of a fair settlement.
- Timing is everything: Negotiating at the right time, such as before trial or during mediation, can significantly affect the outcome.
Contact Our Tampa Wrongful Death Lawyers To Learn More
As you work to value a wrongful death case, a thorough understanding of damages is important. By carefully calculating economic and non-economic damages, determining life expectancy impact, and evaluating the survivor’s relationship, Anidjar & Levine can build a strong case for fair compensation.
Contact us today for a free consultation.
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