QUESTION
Wrongful Death, my son was 61 years, how much should I settle for?
Asked on Jul 08th, 2013 on Personal Injury - Rhode Island
14 ANSWERS
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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This is an extremely difficult question to answer. You have provided no information. If you are in California.
Answered on Jul 09th, 2013 at 8:45 PM
You need to go to attorney specializing in wrongful death claim to see, after giving him all the facts, what a ballpark figure for the value of the case is and who can sue [it is the estate that sues for the medical bills and loss of income, and not you as an individual].
Answered on Jul 09th, 2013 at 8:45 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan, and probably most every other State, there are a myriad of factors that go into determining the value of any case. Your question does not have enough information in it to allow any thoughtful answer. If you would repost with more information, such as type of incident, liability facts, who was at fault, whether your son was married and had dependents, whether employed and ballpark earnings, whether any pre-existing medical conditions/disabilities, etc. then someone may be able to give you an estimate/range of possible values.
Answered on Jul 09th, 2013 at 9:49 AM
Personal Injury Attorney serving Great Neck, NY
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Goldman & Maurer, LLP
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In order to properly advise you, we need to have many, many more facts about the case.
Answered on Jul 08th, 2013 at 7:31 PM
No lawyer can honestly answer this question without knowing more, having more facts to determine the value of the claim.
Answered on Jul 08th, 2013 at 7:30 PM
John Hone
The settlement value of a case depends on the facts of the case.
Answered on Jul 08th, 2013 at 6:04 PM
James Eugene Hasser
In Alabama, the age of the person is irrelevant. All life is treated as precious. The value of the case is based on the wrongfulness of the act causing the death and the need to prevent other similar acts in the future. Case values vary from place to place widely. I would encourage you to consult a personal injury lawyer in your area.
Answered on Jul 08th, 2013 at 3:40 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Assessment of damages in a wrongful death case requires detailed analysis of liability, the manner of death and the economic consequenses of the loss. This analysis includes application of legal principles, evidentiary factors, medical documentation, out of pocket expenses, calculation of future losses, the availability of collateral sources and experience in your jurisdiction as to likely range of prospective jury awards. A "cookie-cutter" approach, a standard answer or a formula would be a disservice to someone such as yourself, who needs the help of an experienced personal injury lawyer. To answer the question properly, one would need extensive examination of all the evidence for the factors listed above. Many people use this site to ask what their case is worth. Our answers are always: Get in touch with a personal injury lawyer in your area. That is the best way to get the best result in your case
Answered on Jul 08th, 2013 at 2:22 PM
Personal Injury Attorney serving Boise, ID
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Caldwell Law Group, PLLC
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The damages that you may be entitled to in a wrongful death case can vary from case to case. It can include economic damages, like lost financial support, as well as non-economic damages like loss of companionship. It's a good idea to consult with an experienced injury attorney about this type of issue to make sure you fully understand the damages you may be entitled to. Otherwise, you may get far less than you should.
Answered on Jul 08th, 2013 at 2:22 PM
Ronald A. Steinberg
Was your son married? Did he leave dependant children? Widows and children have claims. Your claim is small.
Answered on Jul 08th, 2013 at 2:16 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Ask for the moon. Doesn't mean you will get it. a death action usually involves a lot of emotion. The statute in NC is based primarily on loss of income. You would take the annual salary of the decedent, subtract what it costs for him to live and pay his own bills. any excess would be a loss to his heirs. There is some consideration for the emotional side but mostly it is economic loss. If your son was a surgeon and in his prime earning money that would be one thing. If he was a average wage earner looking to retire at 65 that would be another. Sorry I cant be much help because I know nothing of the facts in your case.
Answered on Jul 08th, 2013 at 2:09 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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There are really too many factors that affect a potential court verdict to hazard a guess as to what would e a fair settlement. First, if there is an insurance policy that will pay the damages, you may be limited to the policy limits and should settle for the policy limits. If policy limits is not a fact, in SC, there are two types of death actions, wrongful death and survival. A survival action is the deceased's own damages for pain and suffering before he died. What is fair depends on how much he suffered before dying. Wrongful death is the heirs' damages for losing their father, son, brother, etc. Some factors that can be considered are lost wages, the pain and suffering of not having the guidance of a father, or the loss of companionship of a son. If you have an attorney representing you, let you attorney advise you.
Answered on Jul 08th, 2013 at 2:07 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Too difficult on too little information. In Rhode Island minimum 250,000 assuming your son was not at fault.
Answered on Jul 08th, 2013 at 2:04 PM
Thomas Edward Gates
These are tough ones since part of the formula depends on how many working years he had left and the amount he earned. Also, his overall health comes into play.
Answered on Jul 08th, 2013 at 2:04 PM