How Loss of Consortium and Gender Factor into the Valuation of Wrongful Death Cases
While it is impossible to adequately put a price tag on the loss of a loved one, doing so is a necessary step in collecting damages for a wrongful death case. Insurance companies and attorneys weigh many different factors when negotiating a settlement, including economic factors (such as loss of income for household) and other more personal factors (such as pain and suffering). The state of California also has a set of rules that determine what damages can be paid out in wrongful death claims. In particular, California allows the claimants in wrongful death cases to collect damages for loss of consortium, which refers to the loss of love and emotional support that came from the family member. Other issues that can determine the value of a wrongful death claim is the gender of the deceased. Insurance companies typically assume that the death of a male parent will have a greater impact on the financial well-being of a family than the death of a female parent; thus, the death of a male parent will typically result in a higher settlement. If this was not the case and the female parent was the primary earner for the family, your Orange County personal injury attorney may have to do more work to establish this fact. Ultimately, it is the job of the Orange County personal injury attorney to prove that the insured was responsible for the death of the claimant’s loved one. If you have had a loved one hurt or killed and another party was liable, make sure you have an Orange County personal injury attorney who can get you the largest possible settlement. Call Samer Habbas today for a free consultation.