Wrongful death settlement amount?

Asked over 3 years ago - Crescent City, CA

My son is involved in a suit for the wrongful death of his father. He was not currently employed at the time of his death, but stayed home with the kids and kept home. He was 22 and had aspirations of being a minister. Our son was ten months old and is now almost six years. He does not qualify for survivors benefits through social security because his father generally worked odd jobs, under the table.I do not meet with my lawyers until the day before the hearing and would like some idea now if possible. Any info would be great. I would like to know what a normal, fair amount is? Also, as the surviving parent and sole provider am I entitled to any financial assistance?

Additional information

To help explain, we lived together for two years, with our child, with intentions to marry. We have the settlement hearing coming up, which is why these questions came up. What is the average amount awarded?

Attorney answers (5)

  1. Harry Edward Hudson Jr

    Contributor Level 20

    2

    Lawyers agree

    Answered . There are not enough "facts" here to try and answer your question about what a "fair amount" is. These are questions your attorneys should be answering for you. You should also get some explanation as to why they think a specific amount is appropriate. Whether or not you are entitled to some financial assistance, it depends on whether or not you were/are a party to theis action. That depends on the relationship between you and the father and how the suit was filed.
    You do not say when or what type of hearing. I sggest that you get a set of questions to your attorney , in writing, at least a day or two before you meet with them.

  2. Glenn Jay Holzberg

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . Survivor wrongful death damages are extremely subjective and fact dependent. how much your child saw his father, the involvement in the child's life, though he was young at the time of death, his likelihood to be actively involved in your child's life had he lived, by testimony of those who knew the father, you and your child, will determine the quality of this testimony which adds to your child's potential damage claim. depending upon what our state law allows as survivorship damages, these claims can be valuable, but much is dependent upon the specific facts and what your states laws allow.

    Be open with your lawyer regarding all facts which support the claim, after you receive a thorough explanation of what damages are available to your son by law.

  3. William K. Altman

    Contributor Level 7

    2

    Lawyers agree

    Answered . You have valid questions, but any lawyer trying to answer would not have enough information to help you. Why are you waiting until the day before the hearing? Your lawyers have an obligation to adequately and completely answer all your questions to your satisfaction. I am assuming that your are a party to the claim or lawsuit as the parent or next friend of your son.

    You may want to call your lawyers and tell them that you want to meet more than one day before the hearing. You are entitled to adequate time to consider your actions and I'm certain that your lawyers will take time to answer your questions and concern if you tell them that you would like to visit with them.

    Frankly, I don't understand why you haven't met with your attorneys before now to discuss your questions? This is normally done before a hearing of any kind is scheduled. It is possible that you misunderstand the purpose of the "hearing." Your questions seem to imply that there is a hearing set to deal with a settlement. This may not be correct. Either way call your attorney and ask for more information.

  4. Andrew Daniel Myers

    Contributor Level 20

    Answered . Do not speculate for another moment. Personal injury attorneys nearly always give a free initial consultation.

    The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.

    Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.

    I truly wish you the best.

    If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

    This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    Answered . Without knowing the facts, hard to say. Whenever serious injury or death is involved, it is imperative to get a free consultation with a local lawyer immediately.

    Click on the picture to see information on the lawyer answering your question. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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