Factors Affecting the Value of Wrongful Death Claims

Generally, insurance companies will begin appraising wrongful death claims by valuating the explicit economic losses that the family of the deceased suffered. These losses include medical bills accumulated prior to death and loss of income that the deceased would have provided the family. In some cases, the insurance carrier might, as part of a settlement, agree to provide regular financial support for a dependent child’s education, or provide a widow continuing financial support. To determine the loss of income that the family will experience, the insurance company will sometimes look at the sex of the deceased in conjunction with the deceased’s education and profession. Many insurance companies still assume that it is the male parent’s usual responsibility to provide for the family. If the deceased is female and the primary provider for the family, your personal injury attorney may have to put in extra work to convince the insurance adjusters of this fact. Only after these factors have been considered will the insurance company look at “soft” factors, such as emotional damages, pain and suffering, etc.Floridahas laws specify and restrict the type of “soft factors” claimants can try to recover damages for when making a wrongful death claim. These complexities are part of what makes the expertise of an experienced Florida personal injury attorney invaluable in these cases. If you have had a loved one get injured or worse due to the negligence of another party, call today for a free initial consultation with experiencedFloridapersonal injury attorney John Fagan.

About John Fagan

John is a Jacksonville native who grew up on the First Coast. He graduated from Bishop Kenny High School in 1975 and went to college at Florida State University where he completed a 4-year program in 3 years. John graduated from the Florida State University College of Business in 1978 and went straight into Florida State University College of Law. While in law school, John earned a position on the prestigious Law Review Board serving as its Business Editor. As a law student, John studied in the Oxford program. He also interned with the Florida Legislature working in the Florida House of Representatives Criminal Justice Committee. John was admitted to the Florida Bar in 1981. John began his legal career as a law school intern in the State Attorney's Office in Jacksonville in 1981. After his internship, legendary State Attorney Ed Austin hired John as a full-time Assistant State Attorney for the Fourth Judicial Circuit (Clay, Duval, and Nassau Counties). As a prosecutor, John tried jury and non-jury trial on charges ranging from DUI to Murder. In 1983, John moved from the State Attorney's Office to begin his career in private practice. He has practiced law for 30 years on the First Coast. For the last 20 years, John and his family have made Clay County their home. John limits his practice to personal injury and disability cases. While there are many fine attorneys in Clay County, John is one of only a few Clay County attorneys who limit their practice to personal injury and disability cases. John takes pride in helping clients resolve injury claims in ways that avoid the stress, uncertainty, and the expense of unnecessary litigation. Professional Activities John is the past President of the Clay County Bar Association and has served on the Board of the Clay County Bar Association from 2009-2013. He is an active member of the Florida Bar, and the Federal Bar of the Middle and Southern Districts of Florida. He is also a member of the American Association of Justice, the Florida Association of Justice, the National Organization of Social Security Claimants' Representatives, and the National Organization of Veterans' Advocates. Service to the Community John is involved in the Clay County Community serving as a member and Director of the Rotary Club of Orange Park, of the Clay County Bar Association, and the Putnam County Bar Association.
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