If you’ve lost a loved one to someone else’s negligent or intentional actions, you may have the right to file a wrongful death claim. While no amount of money can undo the harm your family has suffered, a wrongful death settlement can make it easier to move forward.
Each wrongful death settlement is different, so it’s impossible to say exactly how much compensation you can expect. However, understanding the factors that affect the wrongful death settlement average can give you a better idea of what’s possible.
Key Factors Influencing Wrongful Death Settlements
Your wrongful death settlement’s value will depend on factors unique to your case, including the victim’s contributions to your family, any contributory negligence, and evidence strength.
The Victim’s Age and Income
Wrongful death settlements account for the value of the victim’s entire lifespan. Younger victims typically receive higher wrongful death settlements because they have more years of potential earnings and contributions to their families.Additionally, higher incomes tend to result in higher settlements due to the potential future earnings loss.
The Impact of the Victim’s Household Services
The wrongful death settlement may be higher if the victim was responsible for providing childcare, elder care, or other essential household services. This is especially true if the surviving family members now have to pay for these services after the victim’s death.
Contributory Negligence
Many states have a comparative negligence rule. This can reduce the amount of wrongful death compensation if the victim was partially responsible for their death. For example, if your loved one was involved in a car accident with a drunk driver, but they were also texting while driving, your settlement may be reduced based on their percentage of fault.
Evidence Strength
Strong evidence for the family’s damages or the defendant’s negligence, such as witness testimonies, may lead to a higher settlement offer. A wrongful death attorney can gather and present this evidence in the most effective way possible.
Punitive Damages
Courts sometimes award punitive damages to punish the defendant for their particularly reckless or intentional actions. This can significantly increase the compensation amount.
Typical Compensation Categories in Wrongful Death Settlements
The average wrongful death settlement usually includes two categories of damages: economic and non-economic. Keep in mind that wrongful death vs. survival actions often contain different types of damages within each category.
Economic Damages
Economic damages are the measurable financial losses the family has suffered due to their loved one’s death. They may include:
- Lost income: The financial value of the victim’s future earnings, including bonuses and benefits.
- Funeral and burial expenses: Costs for services related to the victim’s death.
- Medical expenses: The cost of medical care resulting from the accident before the victim’s passing, such as surgeries, hospitalizations, or ambulances.
- Household services: The financial value of the services the victim would have provided to their family, such as childcare.
Non-economic Damages
Non-economic damages are subjective losses that don’t have an obvious dollar value. Common non-economic damages available in wrongful death actions include:
- Pain and suffering: The surviving loved ones’ emotional distress resulting from their family member’s death.
- Loss of companionship: The value of the relationship lost between the victim and their loved ones.
- Loss of guidance and support: The value of the loss of parental or spousal advice, care, and support.
Calculating Wrongful Death Settlements
You’ll need to calculate the value of your damages before you file a claim with the insurance company. The claim will include a demand letter outlining your damages and the amount of money you’re seeking. The demand letter will launch a series of negotiations between you/your lawyer and the insurance company. Once both parties agree to a fair settlement amount, you’ll sign a settlement agreement.
The value of your damages primarily determines the wrongful death settlement amount. Calculating economic damages can be surprisingly complicated since you must project the victim’s future earnings and household contributions. It’s especially challenging for younger victims who may not have an established career path. Expert witness testimony, such as from an economist or vocational expert, can determine these numbers.
Non-economic damages can be even more difficult to assign a monetary value in a wrongful death action. There’s no single formula for calculating non-economic damages, but the multiplier approach is a common method. After calculating your economic damages, you multiply that number by a specific amount — usually ranging from 1.5 to 5 — based on the severity of the loss.
For example, if the economic damages total $500,000 and the victim left behind five young children, the multiplier might be 4. The total non-economic damages in this case would be $2 million.
Examples of Wrongful Death Settlements
At Morris & Dewett, we’ve achieved several seven-figure settlements in wrongful death cases:
- $3.15 million for the family of an 18-wheeler accident victim
- $3 million for the family of a pedestrian who was struck by a commercial vehicle
- $1.69 million for the family of an 18-wheeler collision victim
- $1.5 million for the family of a rear-end auto accident victim
- $1.5 million for a family of a motorcycle accident victim
- $1 million for an 18-wheeler accident victim
These figures don’t guarantee similar outcomes in your case, but they show that we have a track record of securing substantial compensation for our clients. Legal representation can be a crucial resource when navigating a wrongful death claim.
An attorney can calculate your damages, gather compelling evidence, and negotiate with insurance companies on your behalf.
Wrongful Death Settlement FAQs
You likely have many questions after losing a loved one to someone else’s negligence. Below are our answers to common questions we hear from our clients about wrongful death settlements.
What Is the Highest-Paid Wrongful Death Lawsuit?
Several wrongful death lawsuits have resulted in jury verdicts of over $1 billion. But, the defendants in these cases didn’t have the resources to pay the full amount. The title of the highest-paid wrongful death lawsuit may belong to White et al v. DaVita Healthcare Partners Inc., which resulted in a jury award of $383.5 million split between several victims’ families.
What Is the Most You Can Sue for Wrongful Death?
Some states have caps on the amount of damages you can receive in a wrongful death lawsuit, but there’s usually no formal limit to the amount you can sue for.
How Are Wrongful Death Settlements Calculated?
Wrongful death settlement values are usually calculated using the value of the family’s combined economic and non-economic damages.
Is it Hard to Win a Wrongful Death Lawsuit?
It can be difficult to win a wrongful death lawsuit without an attorney’s assistance. Insurance companies have powerful legal teams that work hard to deny or reduce the value of claims. An experienced wrongful death lawyer can level the playing field and give you the best chance at a favorable result.
Understanding Average Settlements and Their Variability
Ultimately, the wrongful death lawsuit average settlement would tell you very little about your claim’s value. Wrongful death settlements can vary widely based on individual factors. The best way to determine how much your specific case is worth is to consult with an experienced wrongful death attorney. It’s free to discuss your case, so contact Morris & Dewett today.