How Much Is Wrongful Death Claim In St. Louis Worth?
The value of a wrongful death claim can vary significantly based on several factors, including the specific circumstances of the death, the economic and non-economic losses suffered by the surviving family members, and the degree of liability attributed to the defendant. Here is an extensive and detailed analysis of the factors that determine the worth of a wrongful death claim in St. Louis:
1. Circumstances of the Death
Negligence or Criminal Misconduct
The nature and extent of the defendant's negligence or misconduct play a crucial role in determining the value of the claim. If the death resulted from severe negligence, such as medical malpractice or a drunk driving incident, the compensation is likely to be higher. In cases involving criminal misconduct, the compensation may also include punitive damages designed to punish the defendant and deter similar behavior in the future.
Types of Incidents
Wrongful death claims can arise from various incidents, including car accidents, workplace accidents, medical malpractice, defective products, and violent crimes. Each type of incident may have unique factors that influence the claim's value. For instance:
Car Accidents: Considerations include the severity of the accident, the extent of negligence (e.g., distracted or drunk driving), and the resulting damage.
Medical Malpractice: Factors include the nature of the medical error, the standard of care breached, and the impact on the patient's health.
Workplace Accidents: Evaluation includes safety violations, the employer's adherence to occupational safety regulations, and the availability of workers' compensation.
2. Financial and Emotional Losses
Economic Damages
Economic damages are quantifiable losses that can be calculated with a reasonable degree of certainty. These include:
Lost Financial Support: Compensation for the lost income and financial support that the deceased would have provided to their family. This calculation considers the deceased's earning capacity, age, profession, and expected career trajectory.
Medical Expenses: Costs incurred for medical treatment prior to the death. This includes hospital bills, surgery costs, medications, and any other related medical expenses.
Funeral and Burial Costs: Expenses related to the deceased's funeral and burial, including the cost of the service, burial plot, casket, and other associated costs.
Loss of Benefits: Calculation of the value of lost benefits, such as health insurance, pension plans, and retirement benefits that the deceased would have received.
Non-Economic Damages
Non-economic damages are more subjective and compensate for the intangible losses suffered by the surviving family members. These include:
Loss of Companionship and Consortium: Compensation for the emotional pain and suffering experienced due to the loss of a loved one. This includes the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
Pain and Suffering: Compensation for the physical and emotional distress suffered by the deceased prior to their death.
Emotional Distress: Compensation for the psychological impact on the surviving family members, including grief, depression, anxiety, and loss of enjoyment of life.
3. Defendant's Liability
Fault and Responsibility
The degree of fault and responsibility attributed to the defendant can significantly influence the settlement amount. Clear evidence of the defendant's liability, such as eyewitness testimony, video evidence, or expert witness reports, can strengthen the claim and lead to higher compensation.
Comparative Fault
In some cases, the deceased may have been partially at fault for the incident. Missouri follows the comparative fault rule, where the compensation is reduced based on the deceased's percentage of fault. For example, if the deceased is found to be 20% at fault, the total compensation awarded would be reduced by 20%.
4. Deceased's Age and Earning Potential
Age and Life Expectancy
The age of the deceased at the time of death is an important factor in determining the value of a wrongful death claim. Younger individuals with a longer life expectancy are likely to have a higher claim value due to the longer period over which they would have provided financial and emotional support to their family.
Earning Potential
The deceased's earning potential and career prospects are critical factors. A higher earning potential and a promising career trajectory can result in a higher compensation amount. This includes considerations of promotions, bonuses, and potential career advancements.
5. Types of Compensation
Economic Damages
Medical Expenses: Compensation for all medical expenses incurred due to the injury or illness that led to the death.
Lost Income: Calculated based on the deceased's past and future earnings, including potential raises and promotions.
Funeral and Burial Costs: Compensation for the expenses associated with the funeral and burial.
Non-Economic Damages
Pain and Suffering: Compensation for the physical pain and emotional suffering endured by the deceased before their death.
Loss of Consortium: Compensation for the loss of companionship, care, and emotional support experienced by the surviving family members.
Punitive Damages
In certain cases, the court may award punitive damages to punish the defendant for particularly reckless or intentional misconduct and to deter similar behavior in the future. These damages are over and above the compensatory damages and are awarded in cases where the defendant's actions are deemed exceptionally harmful.
6. Average Settlement Amount
While there is no standard amount for a wrongful death settlement, these claims in St. Louis typically range from $500,000 to several million dollars. The exact amount depends on the specific factors of each case, including the severity of the negligence, the economic and non-economic losses, and the skill of the legal representation.
Conclusion
The value of a wrongful death claim in St. Louis is influenced by a multitude of factors, including the circumstances of the death, the financial and emotional losses experienced by the surviving family members, and the degree of liability attributed to the defendant. Consulting with an experienced wrongful death attorney is crucial for understanding the potential compensation and navigating the complex legal process. The attorney can help gather evidence, calculate the appropriate damages, and advocate for the maximum compensation on behalf of the family.