The loss of a human life is extremely difficult for courts to compensate adequately, and judges and juries tend to be more willing to award higher damages. If you are interested in a settlement, you should speak to an attorney about how to calculate the worth of your case so you can get a good settlement.
Damages in wrongful death cases in New Jersey revolve around economic damages. Non-economic damages are generally unavailable in wrongful death cases in New Jersey, but may be available in a survival action. As such, a potential settlement will likely be calculated based on economic costs and pecuniary losses. It is crucial that you save all records of costs and financial losses that result directly from the loss of your loved one.
Ask our New Jersey wrongful death lawyers for a free initial case assessment when you call Agrapidis & Maroules, P.C. at (201) 777-1111.
How Do You Calculate a Settlement for a Wrongful Death Claim in New Jersey?
Wrongful death cases can be very emotionally charged, and calculating damages is often difficult. It is important to work with an experienced attorney who can maximize your settlement while you and your family take the time you need to mourn your terrible loss.
Funeral and Burial Expenses
First, a settlement for a wrongful death claim should account for the plaintiff’s funeral and burial costs. Funerals today are notoriously expensive. Many families must spend thousands of dollars just to hold a funeral service and bury their loved one.
Medical Expenses
Second, New Jersey law allows plaintiffs in wrongful death cases to recover damages for medical expenses they may have incurred before their loved one passed away. For example, if your loved one was injured in a car accident, they might have received extensive and costly emergency treatment before succumbing to their injuries.
Pecuniary Losses
Finally, the law allows wrongful death plaintiffs to recover various pecuniary losses. These losses involve numerous economic costs and losses that result directly from your loved one’s death.
Common examples include the loss of financial support and income, household services, and even lost inheritance. The more your loved one contributed to your household financially, the greater your damages should be.
Non-Economic Damages
In New Jersey, wrongful death plaintiffs generally may not recover non-economic damages. These damages would cover painful experiences such as pain, distress, and the loss of your relationship with your loved one.
While this limitation might affect available damages in your wrongful death claim, you may recover non-economic damages in a survival action. The survival action, which is often filed alongside wrongful death claims, aims to recover damages the deceased person would have recovered if they survived, including things like pre-death pain and suffering.
Should You Accept a Wrongful Death Settlement?
Whether you accept a settlement or take your claims to court is entirely up to you. Before deciding, consider the following factors with your attorney.
How Strong is Your Evidence?
Think about how strong your evidence is. If you have very strong evidence, it is likely that you will win in court, and accepting a settlement might not be the best idea, especially if the defendant refuses to offer a worthwhile settlement.
Alternatively, if you would rather avoid a lawsuit despite having strong evidence in your favor, our New Jersey wrongful death lawyer may leverage your strong evidence to negotiate for a much better settlement.
Has the Defendant Made an Offer?
You should also consider what kind of offer the defendant has made. Often, defendants know when they are likely to lose in court, and they may be more willing to offer a much better settlement to save money on legal fees and avoid a humiliating courtroom defeat.
Unfortunately, not all defendants are willing to face reality, and they may refuse to offer a good settlement despite their likely defeat in a trial.
If the defendant has offered a settlement that you believe is fair and covers your damages, it may be worth accepting. If not, we are ready to take things to the courtroom.
Are Any Damages Left Unaccounted For?
Settlements are often the result of negotiation and compromise. It is normal for plaintiffs to sacrifice some damages to secure others in a settlement. When deciding whether to accept a settlement or go to trial, consider what kind of damages you will have to give up. If you are okay with this loss, the settlement may move forward. If not, the courtroom is ready for you.
FAQs About Settlements for Wrongful Death Claims in New Jersey
How Do You Get a Settlement for a Wrongful Death Claim?
Settlements are common in civil cases, including wrongful death cases, and we may talk to the defendant about reaching a settlement agreement. Often, a settlement is the result of extensive negotiations, and your attorney should be able to leverage your evidence to obtain the best settlement possible and avoid a trial.
What Damages Are Available in a Wrongful Death Settlement?
In New Jersey, damages in wrongful death cases typically center on economic losses. These include, but might not be limited to, funeral and burial costs, medical expenses, loss of income from your deceased loved one, and the loss of financial support. Non-economic damages for things like pain and suffering are usually unavailable in a wrongful death case, but they may be available in a survival action.
What if a Wrongful Death Settlement is Too Low?
If the defendant makes a settlement offer that is too low, we can reject it and make a counteroffer for more. Negotiations may go back and forth, with offers and counteroffers, until an agreement is reached.
Do You Have to Accept a Settlement for a Wrongful Death Case?
No. While settlements are very common in civil lawsuits, they are not required. If the defendant offers a settlement, you may reject it and take the case to court. However, you should review the settlement with your lawyer before accepting or rejecting anything.
How Do You Get the Best Wrongful Death Settlement Possible?
To get the best settlement possible, you must have strong evidence to back up your claims. Defendants may be more willing to offer a higher settlement if it means avoiding the costly legal fees of a trial they would likely lose anyway.
Ask Our New Jersey Wrongful Death Attorneys to Help with Your Case
Ask our New Jersey personal injury lawyers for a free initial case assessment when you call Agrapidis & Maroules, P.C. at (201) 777-1111.