Bakersfield Wrongful Death Settlements

Donald Colvin, Esq

Many wrongful death claims do not go to court, but instead end with settlements. However, the amount awarded in such settlements depends on many factors, including the negotiation skills of your attorney. Families of the deceased could benefit from working with an experienced wrongful death lawyer who could guide them through their case. With their help, you could ensure Bakersfield wrongful death settlements are handled properly and your family makes the appropriate legal decisions when honoring your loved one.

Factors that Affect Wrongful Death Settlements

The size of wrongful death settlements in Bakersfield can vary depending on many factors, including:

The Age and Health of the Deceased

If the deceased was young or in good health, the family may get a higher settlement due to the potential for more years of lost income and companionship.

The Deceased’s Income and Earning Capacity

If the deceased was a primary earner, the financial loss to the family is usually greater, increasing settlement amounts.

Medical Expenses

Settlements often include compensation for medical treatments provided to the deceased before their death. If they required medical assistance prior to their death, the settlement amount may be increased.

Degree of Negligence

If the at-fault party’s negligence was egregious, the judge may also demand punitive damages. This is often the case in drunk driving claims.

Non-Economic Losses

The extent of the surviving family members’ emotional suffering can also significantly influence the final settlement.

Insurance Policy Limits

The at-fault party’s insurance coverage often sets a ceiling on how much compensation can be recovered. However, it is still possible to explore other options for seeking damages that exceed a policy cap.

Strength of the Evidence

Strong evidence can lead to faster settlements and better outcomes for the family.

Overall, the more severe the consequences, both financial and emotional, that a family suffers after their loved one’s death, the larger the corresponding settlement can be. However, without high-quality evidence and negotiation skills, it may be impossible to receive a fair amount.

What If the Case Goes to Court

Simply because a case proceeds to court does not mean that the family will not receive a settlement. In many cases, the at-fault party chooses to settle after hearing the opposing attorney present their case to the judge.

Additionally, a wrongful death case can settle at almost any point before the judge or jury delivers a verdict. With the right strategy, it may even be possible to secure a higher wrongful death settlement in a Bakersfield court than during negotiations with the insurance company.

Who Receives the Wrongful Death Settlement

The typical recipient of a wrongful death settlement is the spouse of the deceased. Children, grandchildren, and parents of the deceased may also be eligible to receive compensation. It is worth noting that California law protects the at-fault party from being sued multiple times. Therefore, all eligible family members must work together if they wish to file a wrongful death lawsuit.

Discuss Wrongful Death Settlements with a Competent Attorney in Bakersfield

Bakersfield wrongful death settlements are difficult to navigate, especially alone. To achieve the best results, you should consider working with an experienced wrongful death lawyer who could negotiate with the insurance company or take the case to court if necessary. At Colvin Accident Lawyers, we have extensive experience securing fair settlements in wrongful death cases. Contact us today to schedule a free case review.