Your Decatur personal injury lawyer knows that the evaluation of wrongful death cases usually begins with special damages, like economic losses, followed by consideration of general damages, such as pain and suffering. A wrongful death claim is not made for the untimely death of the decedent but for the damage or wrong the beneficiaries or heirs sustain from the death. The following factors are some of the issues your Decatur personal injury lawyer is aware of that insurance carriers consider when evaluating a wrongful death claim.

Marital Status

Your Decatur personal injury lawyer will advise that usually only the decedent’s legal spouse is allowed by statute to make a claim for wrongful death. In some jurisdictions “common law” marriage is recognized, and an individual is allowed recovery if he or she and the decedent lived together while representing themselves to be husband and wife. Same sex partners may have their claim for loss recognized in some jurisdictions.

Your Decatur personal injury lawyer knows that the survivor must be determined a legal spouse before an insurance carrier will consider settlement; the case may be compromised if the marital status is not clear. Major problems can arise when multiple individuals profess to be legally married to the decedent. For example, in one wrongful death case, three different women declared they were the decedent’s widow. Even though the insurance carrier believed individual #2 to be the legal spouse, in order to prevent additional legal action, they pursued a nominal settlement with the other two individuals. A settlement approved by the court was another option available to the carrier.

Decedent’s Age

An individual’s potential future earnings are influenced by his or her life expectancy; a younger decedent will have a longer period of potential wage earning remaining at the time of his or her death. Your Decatur personal injury lawyer knows this has a direct affect on the survivors’ loss.

Your Decatur personal injury attorney will advise that problems may arise when a decedent is very young at the time of death and had not yet developed many work skills or a clearly discernible earning level. An older decedent will typically have reached more career goals and a higher level of earning than someone younger. Determining the projected future earnings of a decedent is often one of the more burdensome questions to answer in a wrongful death claim. Typically, insurance carriers adopt a more conservative estimate than plaintiffs and their attorney.

Obtaining the Legal Counsel of a Decatur Personal Injury Attorney

The legal counsel of a competent personal injury lawyer can help you understand the evaluation process in a wrongful death claim. If you would like to speak with an experienced and knowledgeable Decatur personal injury attorney, please contact the law offices of McCarthy Rowden & Baker at 800-373-6050 and request a free consultation.