The amount of compensation awarded in a successful personal injury or wrongful death lawsuit varies depending on the circumstances. If a settlement cannot be reached between the parties, then a jury will determine how much should be awarded to the injured party. Juries take many factors into consideration when making this determination, including an individual's income, medical and funeral expenses, and pain and suffering. However, if a jury awards you significant compensation, that may not be the final determination.
Instead, a court has the power to modify a jury's award. If a deceased victim gambled most of his or her income away or did not earn much income, then a judge may lower the award. On the other hand, if a jury awards an amount of compensation that is too low, then a judge may increase it to make the final outcome fairer.
If you read this blog, then you probably know just how complex litigation can be for victims and their families. In addition to proving negligence and causation by a preponderance of the evidence, you also must show that you suffered harm. Therefore, it is imperative that you track your lost loved one's medical and funeral expenses, as well as his or her past income. An attorney may be able to help you also seek compensation for your lost loved one's pain and suffering.
By putting forth a strong case, you might stand a chance at recovering much needed compensation. However, a lot of factors can play into your case, as no fatal accident claim is the same. Therefore, it may be wise to consult with a Tennessee attorney who is experienced at handling wrongful death litigation.
Source: FindLaw, "Wrongful Death Overview" accessed on Feb. 27, 2015