When we lose a loved one due to someone else’s negligence, it’s always devastating. In addition to intense emotional pain, families often face financial hardships caused by medical bills, funeral costs, and lost income.
Filing a wrongful death lawsuit can help ease these financial burdens, but determining the case’s value is complex. Many factors influence how much compensation a family may receive, and no two cases are exactly alike.
What Affects the Value of a Wrongful Death Case?
Wrongful death settlements and verdicts vary based on several key factors.
Courts and insurance companies consider both economic and non-economic factors when determining the amount of compensation. Specific circumstances regarding the wrongful death, the family connection with the deceased, and the related laws where the case is filed will all impact the final amount.
Economic Damages
Economic damages are meant to compensate surviving family members for the financial losses they’ve suffered from their loved one’s death. These damages can be easier to calculate based on concrete factors and numbers.
Common economic damages include:
- Medical costs that are related to the injury or illness that caused the death
- Funeral and burial expenses
- Lost wages, including what they may have earned in the future
- Loss of family benefits such as health insurance or contributions to retirement accounts
When determining this lost income, courts consider the deceased’s earning potential, age, and likely career path. For example, a younger person with a stable job and years of potential earnings may lead to a higher settlement than an elderly person already retired.
Non-Economic Damages
Non-economic damages are more subjective and are often harder to quantify.
These are damages that compensate for the emotional and psychological toll on surviving family members and may include:
- The pain and suffering that was experienced by the deceased before their death
- Loss of companionship, guidance, or emotional support
- Mental anguish suffered by surviving family members
Because these losses are more difficult to measure, the amount awarded often depends on testimony from family members, expert witnesses, and the legal arguments presented.
Insurance in Wrongful Death Settlements
Many wrongful death claims are resolved through financial settlements with insurance companies rather than by trials, and the at-fault party’s insurance coverage could limit the amount a family receives. If the defendant has limited liability insurance, the settlement may not fully compensate for the loss unless other resources are available.
Sometimes, more than one party may be held responsible, allowing families to pursue claims against several defendants. For example, in a commercial truck accident, the truck driver and the trucking company owner could share the liability and potentially increase the total available compensation.
The Importance of Legal Representation
A wrongful death case often involves complex legal and financial considerations, and insurance companies often try to minimize payouts, divert blame, or deny claims altogether.
A qualified wrongful death lawyer can help your family navigate the legal process, gather evidence, and negotiate for a fair settlement. Attorneys may work with financial experts, medical professionals, and economists to calculate both economic and non-economic losses.
In cases that go to trial, a lawyer presents arguments to a judge or jury, advocating for the maximum possible compensation.
Average Settlement Amounts for Wrongful Death Cases
Because every case is unique, there’s no set amount to quote for a wrongful death settlement.
Some cases resolve for tens of thousands of dollars, while others result in multi-million-dollar verdicts. Factors such as the circumstances of the death, the financial dependence of survivors, and the skill of legal representation all influence the outcome.
Certain wrongful death cases tend to lead to larger settlements. Medical malpractice cases, for example, may lead to significant compensation if clear negligence caused the death. Similarly, workplace accidents involving safety violations or product liability cases involving defective products often result in substantial payouts.
How Long Does a Wrongful Death Case Take?
The timeline for resolving a wrongful death case can depend on a number of factors. Some cases settle in months, while others take years, especially if they go to trial. Insurance companies may try to delay proceedings, hoping families will accept a lower settlement out of financial desperation.
If both sides agree to a fair settlement early on, a case can conclude in much less time.
If negotiations fail, however, and the case must go to court, reaching a resolution may take significantly longer. An experienced personal injury attorney can help make sure that the claims process moves as quickly and efficiently as possible while still fighting for the best possible outcome.
At Forbes Law Offices, we understand that determining how much a wrongful death case is worth involves many factors, including total financial losses, emotional suffering, and the unique circumstances of the death.
Of course, no amount of compensation can replace your lost loved one, but a wrongful death claim can provide you and your family with the financial security you need and hold responsible parties accountable. Because every case is unique, consulting one of our attorneys is the best way to understand what your claim may be worth and how to pursue fair compensation.
We’re here to help.
