As explained above, Economic, Non-Economic, and Punitive Damages are those available for financial compensation for an insurance claim or lawsuit against the party or parties at fault. However, an insurance claim adjuster or judy and judge will also take into consideration the following:
- The character of the witnesses of the claim (this refers to the person who filed the claim and/or the family that will receive the claim). Insurance claim adjuster, jury, and judge in a court of law take into consideration the character and the motive of those who will receive the insurance claim money.
- The character of the deceased. The insurance claim adjuster, jury, and judge will also take into consideration the moral character of the person who has passed - will their character deem them a good person or a bad person? While these questions of character morality may seem irrelevant to the fact that a person died in an act of wrongful death, the moral appeal is what will help a jury determine whether or not the amount being sued for is appropriate or not.
- The amount of insurance available to cover the claim. This is a crucial aspect when it comes to determining whether the amount filed for in a wrongful death lawsuit will be granted or not. If you are suing for more than the amount of insurance available for a wrongful death claim, the remaining balance is expected to be paid off by the individual at fault. This can be considered malice on your end, depending on the occupation, character, and identities of the defendant.
- The character of the party or parties at fault for causing the wrongful death. The character of the individual(s) at fault will also be considered by the insurance claim adjuster, jury, and judge in a court of law. Again, this question of character morality comes in to play - is the offender a good person who unintentionally caused an accident, or a bad person who recklessly caused this accident? Other factors, including occupation and identities of the person at fault can also come into play with this factor.
- The jurisdiction of law and court location. Where and under what setting the case is heard can also affect the ruling in a wrongful death lawsuit.
- The Judge. A Judge’s reputation for rulings on wrongful death lawsuits can have an impact on the outcome on the case. If you are given a Judge who is known for ruling against the plaintiff of wrongful death lawsuits, be sure to have an experienced attorney to build a strong case for you.
- The reputations of the attorney and legal team that represents you. Lastly, the reputation of your attorney can have a large impact on the outcome of your lawsuit. If the attorney you have hired has a bad reputation for representing clients with cases who file wrongful death lawsuits in the name of greed without concern for the deceased, this can play against your favor in the case.