It’s difficult to say how much the average wrongful death settlement is worth. Not every settlement is publicly disclosed, and there is no reliable database documenting the average of each. By nature, though, wrongful death settlements tend to have a high dollar value—we’re talking about losing a loved one forever, and that is a costly reality.
If you are grappling with the reality of a wrongful death, don’t worry about average settlement figures. Instead, find a proven, client-endorsed wrongful death lawyer. They will evaluate your damages and provide a specific settlement figure. Your lawyer will then lead a claim or lawsuit in pursuit of that settlement figure.
Why the Average Wrongful Death Settlement Tends to Be Pricey
While we do not have average settlement figures for you, we can tell you that wrongful death settlements tend to involve large sums of compensation. These settlements tend to be of greater value than injury settlements because:
The Loss Is Permanent
Unlike injuries and illnesses that someone may recover from, a wrongful death is permanent. This means:
- Those affected by wrongful deaths feel the pain (and even economic harm) for the remainder of their lives
- The value of victims’ damages must be projected for years beyond the death
When someone is gone forever, their loved ones feel the void for many years beyond their death. A settlement that reflects this years-long void is a costly settlement.
The Pain from a Wrongful Death Is Debilitating
Medical professionals recognize two types of grief:
- Anticipatory grief: While this grief can still be painful, it generally comes after loved ones have time to prepare. When a loved one has a terminal illness, for instance, loved ones often endure anticipatory grief.
- The grief that results from a sudden loss: When someone passes away unexpectedly, loved ones generally endure a more complicated form of grief. In addition to the grief, survivors must grapple with shock, confusion, and other complex emotions.
Both of these types of grief can be debilitating and long-lasting. Any settlement you receive must reflect the heart wrenching emotional effects of the wrongful death.
The Financial Cost of a Wrongful Death Can Also Be Devastating
The emotional and psychological cost of a wrongful death warrants a large financial recovery. There is also the financial cost of losing a loved one, which can include:
- The loss of the decedent’s household contributions: Survivors may have to hire third parties to provide handiwork, security, and other services the decedent provided.
- The loss of the decedent’s income: When someone who passes away earned an income that others relied upon, survivors lose a critical source of financial support.
- The loss of benefits the decedent provided through their job: When an employer passes, their loved ones may lose health insurance and other benefits provided through an employer.
Such financial losses must be projected through the years the decedent would have provided them (had they not passed away). In many cases, this is decades worth of financial support lost because of the wrongful death.
Liable Parties Must Be Held Accountable for the Ultimate Cost of Negligence
Damages like economic and non-economic losses are a key feature of a wrongful death settlement. Lawyers must also hold liable parties accountable for their actions, sometimes through punitive damages. These kinds of damages can increase the value of a wrongful death settlement.
Even catastrophic injuries do not compare to the permanent loss of someone you love.
As an example, the average economic cost of a car accident resulting in disabling injury is $162,000. That is a lot of money, but not compared to the average (economic) cost of a fatal car accident—$1.869 million. This figure offers a glimpse of the great economic cost of a wrongful death.
Damages Typically Included in Wrongful Death Settlements
You know you are grieving. You realize that you’ve lost critical financial support because of the wrongful death. Still, it is worth covering the specific damages that may be included in your wrongful death settlement, which include:
Pain and Suffering
Grief is a given when you lose a loved one, but it’s not the only type of pain and suffering that can accompany a wrongful death. You and other loved ones may also endure:
- Depression
- Anxiety (which may stem from uncertainty about the future)
- Thoughts of self-harm
- A drastic decline in quality of life
Your wrongful death lawyer will arrange for you to see a mental health professional. Not only will that professional diagnose your pain and suffering. They can also provide any treatment you need or refer you to someone who can.
Loss of Consortium
Your wrongful death lawyer will seek compensation for the non-economic losses you suffered when your loved one passed away. Loss of a spouse’s companionship is one common example of loss of consortium.
Lost Financial Support
Your lawyer’s settlement demands may include:
- Loss of the decedent’s income
- Loss of benefits the decedent provided their loved ones via their career
- Loss of any handiwork, bookkeeping, security, and other benefits the decedent provided their household members
If the decedent provided any other financial support, your lawyer will account for those losses, too.
Funeral Costs
Your lawyer’s demands will include the cost of any funeral, cremation, and related services.
Medical Costs
If your loved one received medical care before they passed, you may be left with the bill. Your lawyer will include the cost of such medical bills in their settlement demands.
How Victims Obtain the Wrongful Death Settlements They Deserve
You may have two primary options for holding liable parties accountable, which are:
- A death benefit claim: You may be eligible to file an insurance claim seeking death benefits. This is a viable option for many. You and your lawyer will determine if it is the right option for you.
- A wrongful death lawsuit: Wrongful death lawsuits are a common way for survivors to get justice for their loss. Your attorney will explain what goes into a lawsuit. Together, you and your lawyer can decide whether to file suit against those responsible for your loved one’s passing.
Each person’s circumstances are unique. A lawyer’s experience and knowledge will be priceless in helping you decide how to seek the compensation you and your loved ones deserve.
Why You Should Always Hire a Lawyer to Seek Compensation for a Loved One’s Death
Many people who experience a wrongful death are not in a good state. They are overwhelmed by grief and still dealing with their day-to-day responsibilities. These alone are reasons to hire a wrongful death lawyer.
You may also retain a wrongful death attorney because:
- Attorneys’ experience allows them to offer sound advice
- You probably do not want to relive the details of your loved one’s passing, an attorney can protect you from repeating your story
- Lawyers have entire teams of legal professionals on their side, which allows them to resolve wrongful death cases as efficiently as possible, allowing you to move on as soon as possible
- Hiring a lawyer will allow you to spend more time on other important matters—including healing
You know you deserve justice. However, you may not have the time, emotional wherewithal, or desire to handle a wrongful death claim or lawsuit. Form a partnership with a lawyer. They will handle your case while you handle your life.
How Wrongful Death Lawyers Fight for Their Clients’ Settlements
Whatever strategy you and your lawyer choose to pursue, leave every step of your case to your attorney. They and their team will:
Document the Circumstances That Caused Your Loved One’s Passing
Your attorney will need to prove who caused your loved one’s death. They will also establish who is financially responsible for the financial cost of your damages. Proving fault for a wrongful death may require:
- Direct expert testimony about who caused the death and how they caused it
- A reconstruction of the fatal event
- Video footage of the fatal event, such as an auto accident or slip and fall
- Witnesses’ testimony about the fatal event
Lawyers use all the evidence available to them to make their client’s case. While hiring experts and reconstructing events cost money, results-driven lawyers spare no expense when fighting for their clients.
Establish Liability for Your Loss
Proving fault is one step towards establishing liability for the wrongful death. Those who may be liable for your loved one’s wrongful death include:
- The person who directly caused the death
- A person or organization that created the conditions for a wrongful death (by serving too much alcohol to a drunk driver or manufacturing a defective product, for example)
- Someone who is liable for another person’s actions (like an employer whose employee causes a wrongful death while on the job)
Nobody understands liability better than an experienced, well-studied wrongful death attorney. Your attorney will identify all liable parties and form a strategy for securing fair compensation from each of those parties.
Propose a Tailor-Made Case Strategy
Your wrongful death lawyer will process all information that is relevant to your case, including:
- Who is liable for your loss
- Whether liable parties are covered by insurance
- Whether there are unique circumstances that call for a specific strategy (egregious negligence, like drunk driving, can call for a lawsuit)
- The cost of your damages
- How much coverage insurance policies provide
Your lawyer will propose the strategy they believe is right for you and your case. You will have the opportunity to ask questions, provide feedback, and ensure you’re on the same page with your attorney.
Determine the Financial Value of a Fair Wrongful Death Settlement
Compensation is the measure of a wrongful death case’s success. Your lawyer will evaluate all of your damages and set a specific financial bar they must clear.
Your case value will include:
- Economic damages: These are damages with a clear, objective financial value, such as medical expenses and loss of the decedent’s income.
- Non-economic damages: These kinds of damages have an objective value, but the value is not as immediately obvious. Pain and suffering, which includes grief, is the primary type of non-economic damages in wrongful death cases.
Your attorney will demand the compensation you are entitled to. Liable parties will have the opportunity to provide that compensation after seeing your lawyer’s case.
Move Forward with a Lawsuit (and a Trial) If That’s the Strategy You Select
If liable parties do not agree to your lawyer’s demands, a lawsuit is another potential path to a fair financial recovery. You and your attorney can discuss this option if your case warrants it.
Attorneys also understand what clients need after losing a loved one—from a legal and human perspective. Your attorney will ensure you receive the care you need, and will display the compassion necessary when dealing with those affected by wrongful deaths.
Not All Wrongful Death Cases End With Settlements—Some Go to Trial
To be clear, most lawsuits don’t go to trial. Some wrongful death cases don’t even require a lawsuit, as an insurance claim is sometimes enough to get justice.
That being said, liable parties do not always agree to the demands a wrongful death attorney presents. In these instances, attorneys and their clients must decide:
- Whether to file a lawsuit
- The fairness of any settlement offers that come after filing the lawsuit
- Whether to move forward with trial
Lawyers are focused on securing the compensation their clients deserve, especially when the client has suffered the tragedy of a wrongful death. If going to trial is the right decision, your lawyer will be on board.
Hire Your Wrongful Death Lawyer as Soon as Possible
You do not need money to hire a wrongful death lawyer. Your attorney will pay to complete your case, and they will only receive a fee if you receive compensation. This will give you peace of mind and allow you to deal with your grief as they handle your case.
Let a lawyer provide the assistance you need. Losing a loved one is a life-changing, devastating challenge, and your legal team will fight for the justice you and your loved ones deserve. Don’t hesitate to call a personal injury attorney today.