Don’t Take Your Chances on a Wrongful Death Settlement: Let the Law Office of Matthew A. Lathrop Help
Assessing damages in wrongful death claims is difficult for everyone involved. No matter how an accident happens, there is no fair way to put a value on a life lost. Negotiations can be difficult, and settlements often include requests for a diverse range of damages.
If you’re facing the prospect of filing a wrongful death lawsuit, you need to be prepared for a fight—both in settlement negotiations and in court. Don’t take unnecessary chances. Contact wrongful death lawyer Matt Lathrop today to begin exploring your legal options.
Wrongful Death Settlements in Iowa and Nebraska
Every wrongful death claim is different, but courts can only award compensation if an accident causes somebody to sustain certain forms of physical harm, financial loss, or emotional anguish.
In the context of a wrongful death lawsuit, the term “damages” is used to describe the sum of money sought by the victim’s estate.
The Three Categories of Wrongful Death Damages
Iowa and Nebraska law recognize two broad categories of damages: economic damages and non-economic damages. Both forms of damages are sometimes termed “compensatory damages,” as they are meant to compensate different forms of loss.
Economic damages are compensation for verifiable financial losses, including the victim’s outstanding medical bills and the costs of arranging an unexpected funeral.
Non-economic damages, in contrast, relate to more subjective forms of loss, like emotional pain and suffering or the loss of a spouse’s companionship.
In Iowa, some wrongful death claims are eligible for a third category of damages: punitive damages. These damages do not compensate for loss but are intended to punish especially outrageous acts of negligence. Obtaining punitive damages often requires proving that the defendant acted with malice or an intentional disregard for the victim’s rights and well-being.
Nebraska does not typically permit the award of punitive damages.
Common Types of Compensation in Wrongful Death Claims
Different states have their own laws detailing which types of damages can be recovered in a wrongful death claim. But, in general, Nebraska and Iowa families can obtain compensatory damages for:
- The deceased person’s paid medical expenses
- The decedent’s pain and suffering before passing away
- The costs of funerary rites and burial services
- Lost income and earning capacity
- Loss of familial services, companionship, and support
Some families can also receive compensation for their own mental anguish and trauma.
How Wrongful Death Damages Are Calculated
If you’re filing a wrongful death lawsuit, your attorney will work with you to assess your total damages. Since every case is different and there’s no fair way to put a value on a life lived and lost, no single formula is used to calculate damages. Instead, your lawyer will use a combination of evidence and expert input to begin putting together an initial offer of settlement.
Some of the more common factors used in assessing damages include:
- The age and overall health of the victim at the time of their death
- The decedent’s level of education and professional training
- The value of a lost pension, health insurance, and other individual benefits that will no longer continue to accrue
- How much money the deceased person was making, and how much more they could have expected to earn throughout their career
- The circumstances of the accident and whether the defendant was negligent or overtly reckless
Assessing damages can be difficult and is often a sticking point in negotiations. In many cases, lawyers have to retain the services of economists, accident reconstruction professionals, and other expert witnesses to make a compelling case for damages.
How the Law Office of Matthew A. Lathrop Could Help You Assert Your Rights
The Law Office of Matthew A. Lathrop helps Iowa and Nebraska families reclaim their financial independence. Our team could help you obtain accountability for the unthinkable by:
- Investigating the causes and circumstances of your accident.
- Identifying defendants and ensuring they are held liable for their role in motorcycle collisions, car crashes, or other accidents.
- Assessing your damages.
- Consulting expert witnesses to reinforce your case.
- Negotiating with an insurance company and preparing to take your claim to trial if the defense fails to engage in a good-faith discussion.