How Much is the Cost of Death in an Accident?

Life is priceless when a person is still alive, but when death deactivates it, the cost of such may already include the payment for its grave. Doesn't it sound ironic? Paying for death seems to be more costly than living an ordinary life. There's no term of exaggeration about it; it's always the case after a horrible accident in which the wrongful deaths are more prevalent than epidemic.

It's a global mania like a halloween. But when did the last time have you thought of calculating how much will your family get whenever you die in an accident? That's somehow peculiar to ask, but being prepared with the possibilities is always a good way to preclude any disappointment. So, does your life cost a million dollars or only half of it? Anyway, no one will get surprised when you utter no words to answer such critical query; there are many people who actually have no idea about the cost of their lives after an accident, or the day after being victimized by what is legally coined as “wrongful death.”

Well, it is simply the kind of death which resulted from the willful or negligent act of the others, but the process of claiming the compensation for such involves somewhat complicated steps. Yet, there are also issues that need to be resolved first before the court can grant the indemnification for the heirs of the deceased victim. Let's decipher the basics and the complex of this matter individually:

• Who Can Claim for Indemnity? - the family of the deceased has the right to claim the compensation for the death of the victim from the offender. However, in terms of the calculation of the exact and just amount of the indemnity, it's already the duty of the court to fix it based on the circumstances or considerations relative to the capacity of the victim and the suffering of his family. Yet, when there's an issue about the lawful claimant, the law also provides for the priority or list of relatives who can get the indemnification in case of absence of the other, or in the instance wherein there's an existing dispute.

• Where and When to File the Claim? - the claim for compensation is a civil case, and is usually tried by the court which has proper jurisdiction over it. If you hire a lawyer, then you have nothing to worry about the right venue and the deadline for the application or trial of such; but don't just say “yes or no” to your counsel – you should know the status of your case every now and then.

• How Much Can the Family Get? - it depends on the circumstances of the case. But usually, the court based such amount on the following: (a) hospital bills, (b) funeral and burial expenses, (c) loss of income or support, (d) mental or emotional anguish of the victim, and (e) future earnings. Nonetheless, it is a common rule in most states that before the compensation may be granted, the persons concerned should first prove the liability or guilt of the offender; hence, failure to prove such would either cause the amount to be lessened, or the exculpation of the accused from criminal and civil liabilities.

• What Issues Might Cause the Modification of Cost? - if the death of the deceased victim is a result of negligence, then one issue is the contributory negligence which means that the victim himself had contributed to or aggravated his injury that led to his untimely death. If proven that there was really a contributory negligence, then the cost of indemnity may be lessened based on such circumstance, or in the sound discretion of the court.

Perhaps, it is really true that there's really no fixed or definite amount that can equate the cost of death with the price of life. But if you don't want to offer a discount for the death of your loved one, then keep no silence; fight for what you justly deserve today!

About the Author

Atty. Emery Brett Ledger is a personal injury lawyer based in California. He is the founder of the Law Offices of Ledger&Associates that protects that rights and interests of victims of personal injury cases. With his associates in the firm, he was able to recover millions of compensation in behalf of their clients.

You can find him in Twitter @Emerybledger and Facebook @EmeryBrettLedger.