- June 13, 2012
- In wrongful Death
Dependants of the deceased are one of the most important factors in any Orange County wrongful death case. Your attorney and the insurance adjuster will examine many factors relating to the deceased individual’s dependants when negotiating the value of your wrongful death case.
First, they will examine the nature of the dependency. Partially dependent claimants are paid less than completely dependent claimants. There is also the expected cost of the deceased person’s maintenance, which is any expenses that the dependant would have incurred for the deceased, including the cost of food, clothing, and transportation.Furthermore, the things to be examined include the terms of the dependency, the closeness of the relationship, and whether or not it was familial in nature. Certain types of dependants factor into the case differently, as your Orange County personal injury attorney will tell you.
Dependants and Their Benefits
The children of the deceased usually need the most from the wrongful death settlement. Age is a major factor for children. For adult children, insurance company will typically make a combined offer for all of them, which they are expected to distribute amongst themselves. Teenage children result in larger settlements, but they do not receive money for education, transportation, etc. However, young children who have been deprived of years and support because of the death receive even larger settlements that cover what settlements for teenagers do not.
Spouses of the deceased are entitled to a settlement that would allow them to continue the lifestyle they before their spouse’s death. In addition, the spouse may also be entitled to emotional damages, compensation for the loss of love and companionship from the deceased.
Wrongful death claims filed by parents are handled in a similar manner to other cases. Insurance companies usually treat nondependent parents the same as adult children for the purposes of calculating claim value and negotiations. The parent’s relationship will also be evaluated. If the deceased frequently visited the parents, or if the parents were dependent on the deceased for housing or medical expenses, the claim will be worth more.
In any case it is imperative that an experienced Orange County personal injury attorney sees your case so that your family receives the money they deserve. Call Orange County personal injury attorney Samer Habbas today at 888-848-5084 for a free initial consultation.
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