There is no average settlement for a wrongful death case. Instead, values tend to vary widely, often ranging from hundreds of thousands to millions of dollars.
The exact wrongful death settlement amount depends on several factors, including the degree of fault, available insurance coverage, and the extent of financial losses.
Each wrongful death lawsuit is different, and no standard payout applies to all cases. However, a Los Angeles wrongful death lawyer can review the facts and help estimate a possible payout based on the type of losses, the responsible party, and the strength of the available evidence.
Key Factors Influencing Wrongful Death Settlements
Many families wonder what affects the amount of a wrongful death settlement. The truth is that numerous elements come into play. These include how the accident happened, who was responsible, and what kinds of losses the surviving family members have faced.
While the final payout in a wrongful death lawsuit depends on medical bills, funeral expenses, and other losses, factors such as the actions of the fault party, the type of insurance they carried, and the strength of the evidence can also affect it.
These are some of the common factors that often influence wrongful death settlements.
Degree of Fault
The amount of money awarded in a wrongful death settlement often depends on how much fault each party had in the incident. Some states follow comparative negligence laws, which means the payout may be reduced if the deceased person shares part of the blame.
Strength of the Evidence
Strong evidence can make a big difference in how much a wrongful death lawsuit settles for. It helps show how the death occurred, who is at fault, and what kind of losses the family has suffered. Helpful evidence may include:
- Police reports, medical records, and accident scene photos
- Witness statements or videos that show what happened
- Financial documents proving funeral costs, medical expenses, and lost income
Gathering evidence for your case may be one of the most important parts of a claim. When the evidence is well-documented and clearly shows the actions of the responsible party, it can help support the family’s claim and strengthen the chances of a fair settlement.
Insurance Coverage
Another key part of any wrongful death claim is the amount of insurance coverage available. Often, the money comes from the negligent party’s insurance company, whether it’s an auto insurance policy, commercial insurance, or medical malpractice coverage.
Even if there is strong evidence and serious harm, the final wrongful death lawsuit payout may be limited by the policy’s coverage. That’s why the type and amount of insurance often play a major role in deciding the settlement value.
What Damages Can You Claim in a Wrongful Death Lawsuit?
Depending on the facts of the case, a wrongful death lawsuit can help cover both economic losses and non-economic losses. The goal is to ease the burden left behind and provide some level of financial relief after a fatal injury.
Types of Economic Damages
Economic damages refer to direct financial losses the family has experienced as a result of the wrongful death. These are usually easier to measure using documents like receipts, pay stubs, and bills. Common economic damages include:
- Medical bills and expenses related to the care given before the time of death
- Funeral costs, burial costs, and other related final expenses
- Loss of benefits, such as health insurance or retirement contributions
These types of damages for loss help families manage the sudden financial hardship that often follows a preventable death.
Types of Non-Economic Damages
Non-economic damages are harder to measure but are just as important. They reflect the emotional and personal suffering that comes with losing a loved one.
In a wrongful death action, these can include loss of companionship, loss of parental guidance, emotional distress, and loss of affection, comfort, and protection provided by the deceased.
Punitive Damages
These damages are awarded in cases where the defendant’s actions were especially harmful, serving to punish and deter future misconduct. These are less common and depend on the specifics of the case and state laws.
It is important to keep in mind that every wrongful death case is different, and the damages you may be entitled to could be different. Consulting a Los Angeles personal injury lawyer may be necessary to understand the settlement you can reach in your particular case.
(310) 526-8383Family Members Who May Be Eligible to File a Wrongful Death Claim
Not everyone can file a wrongful death claim. Each state has its own rules that decide who is allowed to bring legal action. Usually, the right belongs to close family members or a legal representative of the deceased person’s estate. The relationship with the deceased often plays a major role in determining eligibility.
Depending on the state’s wrongful death statute, the following parties may be eligible:
- Spouses or domestic partners often have the right to recover damages for loss of companionship, financial contributions, or shared services.
- Children of the deceased, and even minor children, may be entitled to compensation for emotional suffering and loss of financial support.
- Parents of a deceased child can often claim funeral expenses, medical costs, and emotional anguish.
- Legal guardians or personal representatives may file on behalf of other family members or when no immediate family is available.
In some cases, grandparents, siblings, or other extended family members may qualify if they depended on the person who passed. Each of these parties may seek different types of wrongful death damages, such as compensatory damages or non-economic damages, depending on their relationship and level of dependence.
Consult a Los Angeles Wrongful Death Lawyer at No Cost
If you’re considering a wrongful death claim, speaking with a wrongful death attorney can provide clarity on your options. Attorneys at Omega Law Group have decades of experience between us. We offer free consultations to discuss the specifics of your case, including potential damages and the legal process involved.
Understanding the factors that influence wrongful death settlements and the types of damages available can help families make informed decisions during a difficult time.
A skilled attorney can also help gather necessary evidence, assess the impact of the loss, and guide you through the steps toward seeking compensation.
