Wrongful death settlements can be complicated and vary drastically depending on several factors. Therefore, it is difficult to determine the average settlement because each case is unique.
Settlements for wrongful deaths take into account the loved ones of the deceased and their needs as a result of the unanticipated loss of companionship and assistance.
Wrongful death settlements are the sole means through which a beneficiary can be compensated for the decedent’s unjust death. Settlement payments can range from $500,000 to several million dollars.
How to Compute a Wrongful Death Settlement
The court will consider several things when deciding the compensation for a wrongful death lawsuit, including the surviving loved ones and how the loss would affect them. Additionally, settlements assist in covering bills, such as:
- The cost of the medical care
- Funeral and burial costs
- Lost benefits or wages/salaries
- Life insurance proceeds
The court can also award damages for non-economic losses, including pain and suffering from losing a loved one. In some cases, punitive damages may be awarded to punish the defendant for their actions.
Some states impose severe caps on non-economic damages to prevent disproportionate jury verdicts. These sometimes involve attorneys who elicit strong emotions from jurors, leading to enormous awards.
The Medical Costs of the Deceased
These costs can be included in a wrongful death case if your loved one needs to be transported to the hospital, ride in an ambulance, or receive medical attention.
Even though nobody wants to consider these expenditures after losing a family member, the family members are still responsible for paying medical expenses, which can add up very rapidly. Therefore, wrongful death compensation can cover these costs to relieve the family of this burden.
Consulting a wrongful death lawyer for assistance with calculating your losses is the best approach to determine what settlement range you may receive.
Loss of Support
If you lost your partner or children lost their parent, it is generally assumed that they lost both companionship and financial assistance. The amount of compensation in your wrongful death case will be determined by considering the typical monthly and annual support you would have gotten in the absence of your loved one’s death.
Future deprivation of support may also be taken into account in this assessment, particularly in the circumstances involving dependent children and the loss of the parent who was the primary breadwinner.
The Deceased Person’s Age and Health
Although it may be upsetting to find that your loved one’s age and general condition at the time of their death may is taken into account when determining the wrongful death settlement, this is often the case.
Taking into account the deceased health and age at the time of death help the court in an assessment of the risk that your loved one may pass away and how this risk should influence the size of your compensation.
Funeral Expenses
A funeral and burial cost can range from hundreds to thousands of dollars, yet not everyone has the life insurance to pay for it. The wrongful death settlement will typically cover these expenses and additional damages.
Filing a Wrongful Death Lawsuit
Only certain people have the right to make wrongful death claims. This typically covers the surviving spouse and children of the dead in some states. Parents who lost a child to wrongful death may also be eligible to file a claim.
Others may be able to launch a lawsuit depending on the specifics of the situation. More information on who is qualified to file a case can be obtained from an attorney.
It is significant to remember that there is a limited window of opportunity for surviving family members to file a wrongful death claim. Even though there may be exceptions to this deadline in some wrongful death instances, missing the deadline could prevent the surviving family members from being entitled to compensation.
Leland D. Bengtson
As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. His greatest satisfaction is to convey legal matters to the public in a language that they can understand. He is active on various platforms and media outlets, writing about common legal issues that people confront with every day. While medical malpractice is his strong suit, Leland covers plenty of other topics, including personal injury cases, family law, and other civil and even criminal legal matters.
