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Average Payout for Negligence

It’s almost impossible to give an “average” figure for a wrongful death settlement. The amount of your wrongful death settlement depends almost entirely on the facts of your case. However, the components of a wrongful death settlement are usually the same. More on that below.

In a way, the monetary amount of a negligent death settlement misses the point. No sum of money can possibly make up for such a loss. However, the compensation that a Anderson personal injury attorney obtains reduces the overwhelming grief which survivors feel. This money also gives them the resources to move on with their lives.

Determining Losses

Resolving a case where the negligence of an institution, such as trucking companies or individual corporations, is a process. Taking stock of the victim’s losses is the first step in this process.

These losses include economic losses, and in a lawsuit that revolves around negligence resulting in death, examples include lost wages due to tragic death and medical bills due. These victims are also entitled to compensation for their noneconomic losses, such as pain and suffering, loss of consortium (companionship), emotional distress, and loss of enjoyment in life.

Victims of trucking accidents or liability accidents due to negligence can seek additional punitive damages as well. Jurors can award this compensation if there is clear and convincing evidence that the at-fault party intentionally disregarded known risks.

Determining the Settlement Value

The next step is assigning a settlement value to your claim. Economic losses such as funeral expenses, convalescent care, loss of income. earning capacity, loss of benefits, past, present and future medical expenses are obtainable from various sources and are readily understood. Attorneys can usually convince providers to defer billing until the case is resolved. But these obligations must be paid sooner or later.

Assessing the value of noneconomic damages is more subjective. Examples of noneconomic damages are pain, suffering, loss of enjoyment of life, emotional injuries and similar injuries which cannot be addressed with any mathematical certainty. Calculating a fair amount of punitive damages is even more subjective. The amount must be high enough to get the defendant’s attention. Most trucking companies and corporations have considerable assets and income. Therefore, unless punitive damages are substantial, defendants will not change the way they do business and continue to put others at risk. That’s an outcome that neither victims nor their attorneys should tolerate.

The payout in a negligence case resulting in injury or death lawsuit largely depends on the facts of the case. For a free consultation with an experienced personal injury attorney in Anderson, contact The Law Offices of Steven M. Krause, P.A. We do not charge upfront legal fees in these matters.


What are the common types of negligence claims?

Sometimes these often include truck accidents caused by negligent drivers or injury accidents caused by the recklessness of a corporation or company.

Is negligence hard to prove?

It all depends on the nature of the case, but partnering with an experienced personal injury lawyer increases the odds of establishing proof.



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