Understanding Car Accident Claims

What Happens If You Win A Wrongful Death Lawsuit?

by Lois Gibson

It is never easy to see someone you love lose their life because of the negligence of someone else, and no amount of money could ever compensate for the loss of that person's life. However, filing a wrongful death claim can appease a small amount of the frustration, emotional distress, and financial strain that can come from losing someone too soon by the fault of someone else.

Most people are pretty familiar with why you would file a wrongful death accident claim and even what happens during the claim process, but many have no idea what happens if you actually win the claim. Here are a few things you should know about what takes place if you do win a wrongful death accident claim. 

A certain amount of damages will be determined by the judge

When you contact a wrongful death attorney to file a claim, they may go over with you some of the damages you can file for during this unique type of legal lawsuit. Some of the damages you may be asking for could include things like:

  • Damages for the lost wages of that loved one
  • Damages for the emotional distress of losing that loved one
  • Damages for medical bills being billed to the estate of your lost loved one

The judge will take these figures into consideration, but they may not always award you with exactly every type of damages you are claiming. You should be informed of the amount you will be granted at the time the judge makes the final decision about your claim. 

The designation of how compensation will be divided will be determined

In a lot of wrongful death cases, there is more than one party who would be entitled to the money that is awarded if the claim is won. For example, if someone who had multiple children died as the result of an accident or some form of negligence, technically all of their children would have a right to file a claim. Therefore, more than one person could have rights to the awarded money. 

These situations can seem tricky, but there is a set of guidelines the court system follows to make the proper allocations to the right individuals who are left behind. In most cases, funds will be divided equally among survivors, but if there are minor children involved, funds may be divvied up in a different way so that the minor children get most of the benefit from the money awarded. 

For more information, contact your local wrongful death accident lawyers.