Calculating the compensation for a wrongful death case is a complex process, with many factors coming into play. The settlement amount can vary greatly, from hundreds of thousands to millions of dollars, and is determined by the income of the deceased, the degree of negligence, and the emotional impact on the surviving loved ones.
There is no “average” wrongful death settlement due to the uniqueness of each case. Settlements can vary widely, from tens of millions of dollars in cases of egregious negligence to under a million in less severe circumstances. The specific details and evidence of each case significantly impact the outcome.
Online wrongful death calculators can be misleading as they often fail to consider the nuances that affect a case’s value. Consulting with an experienced wrongful death attorney is essential for an accurate assessment and to maximize the case’s value. Legal professionals can provide personalized guidance and advocate effectively for the survivors.
Understanding Wrongful Death Settlements
The typical settlement amount for a wrongful death case in the United States can vary significantly based on numerous factors. Settlements can range from several hundred thousand dollars to several million dollars, depending on the specifics of the case and jurisdiction. For example:
- Under the Federal Tort Claims Act (FTCA), which covers wrongful acts by federal employees, settlements can reach into the millions. The Director of the FTCA Section has the authority to approve settlements up to $1,000,000 by federal agencies. For settlements exceeding that amount, the Director makes recommendations to higher-level DOJ officials. The section has also developed model settlement documents to protect the interests of the United States and is proficient in the use of structured settlements.
- Based on a study, information was gathered from consultations with attorneys and legal assistants across the U.S. and various litigation reports. In 29 cases of wrongful death due to police misconduct, settlements ranged from $50,000 to $5.75 million, with an average recovery exceeding $650,000. For nonfatal injuries, awards ranged from $30,000 to over $7 million, averaging over $656,000.
Factors That Affect Wrongful Death Settlement Amounts
The amount of a wrongful death settlement can vary greatly depending on several factors. Some of the most significant include:
- The deceased person’s income and earning potential: If the victim was a high-earner or had a promising career ahead of them, the settlement amount may be higher to account for the loss of future income.
- The severity of the negligence or wrongdoing that caused the death: Cases involving gross negligence or intentional harm may result in larger settlements, as well as the potential for punitive damages.
- The emotional suffering of the surviving family members: The loss of a loved one can cause immense grief, pain, and mental anguish. These non-economic damages can significantly impact the settlement amount.
- The specific laws of the state where the death occurred: Each state has its own wrongful death statutes that determine who can file a claim and what types of damages are recoverable.
Types of Damages in Wrongful Death Cases
Wrongful death settlements typically include three main types of damages:
- Economic damages: These are quantifiable financial losses, such as medical expenses, funeral costs, and the loss of the deceased’s income and benefits.
- Non-economic damages: These damages are more subjective and include emotional distress, loss of companionship, and pain and suffering experienced by the surviving family members.
- Punitive damages: In rare cases involving particularly egregious conduct, the court may award punitive damages to punish the defendant and deter future wrongdoing.
Calculating Wrongful Death Settlement Amounts
Calculating wrongful death settlement amounts can be a complex and emotional process. Each case is unique, with compensation varying widely based on numerous factors. Understanding the components that influence these settlements is crucial for anyone navigating a wrongful death claim.
Estimating Economic Losses
To determine the economic damages in a wrongful death case, you’ll need to consider:
- The value of lost household services, such as childcare, cooking, and cleaning
- The amount of future financial support the deceased would have provided
- Funeral and burial expenses
- The loss of gifts or benefits the surviving family members would have received
Calculating these losses can be complex, as it involves projecting the deceased’s future earnings and contributions. An experienced wrongful death attorney can help you gather the necessary evidence and work with economic experts to develop a strong case.
Assessing Non-Economic Losses
Non-economic damages are more challenging to quantify as they don’t have a clear dollar value. These losses may include:
- The emotional distress and mental anguish suffered by the surviving family members
- The loss of love, companionship, and guidance
- The loss of consortium (the deprivation of the benefits of a family relationship)
To substantiate these damages, you may need to provide testimony from family members, friends, and mental health professionals who can speak to the emotional impact of the loss.
Factors That Can Reduce Settlement Amounts
Several factors can reduce settlement amounts in wrongful death cases, including:
Comparative Negligence
In some cases, the deceased person may have contributed to the circumstances that led to their death. Under the principle of comparative negligence, the settlement amount can be reduced by the percentage of fault attributed to the victim. For example, if a jury determines that the deceased was 30% responsible for the accident, the settlement would be reduced by 30%.
Statute of Limitations
Every state has a statute of limitations that sets a deadline for filing a wrongful death lawsuit. In California, for instance, the statute of limitations is generally two years from the date of the death. If you fail to file your claim within this time frame, you may be barred from receiving any compensation.
Lack of Experienced Legal Representation
Wrongful death cases are complex and emotionally charged. Without the guidance of a skilled attorney who specializes in this area of law, you may be at a disadvantage when negotiating with insurance companies or presenting your case in court. An experienced wrongful death lawyer can help you navigate the legal process, gather evidence, and fight for the maximum compensation you deserve.
Wrongful Death Settlement Examples
While every case is unique, here are some examples of wrongful death settlements to provide context:
- The New Mexico Children, Youth, and Families Department agreed to pay $5.5 million to settle a lawsuit over the wrongful death of an eight-year-old girl. The lawsuit claimed the agency failed to protect her and her sibling by placing them with their abusive father despite the children reporting the abuse.
- Nine out of ten wrongful death lawsuits from the deadly crowd surge at the 2021 Astroworld music festival have been settled, including one that was about to go to trial. The settlement amounts were not disclosed.
- A company that runs daycare centers in the Charlotte area will pay $16 million to a York County family to settle a wrongful death lawsuit after their baby died in 2021. This settlement, approved by Judge Dan Hall, is believed to be the largest ever in South Carolina for an infant wrongful death case.
These examples demonstrate the wide range of settlement amounts possible in wrongful death cases, depending on the specific circumstances.
Takeaways and Next Steps
If you’ve lost a loved one due to someone else’s negligence or wrongdoing, it’s essential to:
- Consult with an experienced wrongful death attorney to assess your case and estimate a potential settlement amount. They can help you understand your legal rights and options.
- Gather evidence to support your claims, such as medical records, witness statements, and expert opinions. This will strengthen your case and increase the likelihood of a favorable settlement.
- Be prepared for a lengthy legal process. Wrongful death cases can take months or even years to resolve, so it’s crucial to have patience and trust in your legal team.
- Seek support from family, friends, or mental health professionals to help you cope with the emotional impact of your loss. Taking care of your well-being is just as important as pursuing legal action!
Get Legal Funding for Wrongful Death Cases at Mayfair
At Mayfair Legal Funding, we understand the financial strain that a wrongful death case can put on a family. While you wait for your settlement, you may struggle to pay bills, cover funeral expenses, or support your household. That’s where we come in!
Our legal funding services provide a cash advance on your expected settlement, giving you the resources you need to focus on healing and seeking justice for your loved one. If you don’t win your case, you owe us nothing. It’s a risk-free way to access the funds you need during this challenging time.
To learn more about how Mayfair Legal Funding can help, call us at (888) 357-1338 or visit our website to apply online. Our compassionate team is here to support you every step of the way.
