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The highest wrongful death settlement was $160 million.
Damages for the wrongful death of an adult may include: Funeral and burial expenses; Loss of the deceased person's income and services; Pain and suffering (this is capped at $250,000); and. Loss of companionship and emotional loss (also capped at $250,000).
Depending on the design of the structured settlement, the early passing of a loved one may mean that the remaining guaranteed payments may continue to the estate of the initial recipient, or to a ?secondary payee? that has been named specifically (like the beneficiary under a life insurance policy or RRSP).
If the claim ends in a settlement or judgment resulting in a financial award, the distribution of the amount can be agreed upon by those entitled to recover or, if no agreement can be reached, a hearing can be held to decide the amount to be allocated to each of the beneficiaries.
If you or a representative of your loved one's estate files a wrongful death lawsuit against the individual who caused the death, you may receive a financial award, but an insurance company will most likely make the payment.
Heirs and family members who file the wrongful death claim make a joint decision regarding each person's amount. Any children or surviving spouses are entitled to the majority of the settlement proceeds. A dependent parent may also receive a share.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?