Four Factors That may Affect Your Right to Recover Damage in a Wrongful Death Case


Four Factors That may Affect Your Right to Recover Damage in a Wrongful Death Case

Wrongful death cases are jarring, traumatic experiences—and the legal experience, in the hands of the wrong injury attorney, can be even moreso. A seemingly countless number of factors can change the amount of money you’re able to recover, or if you’re able to recover it at all. It can feel nearly impossible to keep track of and understand everything, especially in the wake of such a difficult time.

We at JD Haas, as a team of injury lawyers and wrongful death attorneys, are here to simplify this tough period of your life in any way we can. That’s why, below, you’ll find a brief introduction to what can affect your right to recover damages in such a case, written in plain English.

How Much Was Owed in Medical Bills

Simply put, the more that was spent on the loved one’s care before they passed, the more you may be eligible to recover. It’s important to note, though, that the medical bills covered must relate to the last illness that caused the death. While you may be able to use the settlement to pay for past, unrelated medical bills, you will not be able to recover damage as a result of those bills.

The Decedent’s Role in the Family

It’s impossible to financially quantify the role your loved one played in the lives of their family members—but if the deceased played an active, supportive, and loving part in the family, this can affect the amount recovered. For example, the legal obligation to care for a child may positively affect the settlement, while a lack of past contributions to the family might do so negatively.

The Decedent's Job and Finances

A wrongful death attorney can help you recover damages from the income loss this death has caused you. Hence, the more income loss you are dealing with as a result of this passing, the more you may be able to get in a settlement. In addition, though nobody can predict the future, the court may also consider how much your loved one may or may not have made as their career progressed when making their decision.

The Court’s Decision on How to Distribute Funds

Generally, few problems occur among the next-of-kin when deciding how to allocate the settlement, and courts typically will uphold their desires. If, however, those receiving the settlement are in discordance, further legal proceedings will divy up the funds corresponding to the law.

 JD Haas: Your Anchor and Guide During Troubling Legal Times

With our focus on compassion, care, and integrity, our team of wrongful death lawyers is ready for you with listening ears and legal expertise. Give our office a call today at (952) 234-2925. We also serve Rochester, Bloomington, and Saint Paul.

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