Losing a loved one is never easy. The pain is unimaginable. And when that loss could have been prevented? It’s devastating.
As if going through the stages of grief isn’t hard enough, your life is now thrown into legal proceedings. It’s confusing, frustrating, and exhausting. But here’s the thing…
If you don’t take action, your family might not get the compensation you need and deserve.
Accidental injuries claim 222,698 lives every year in the U.S. alone. That’s the third leading cause of death in the country.
And while some were tragic, many of those fatalities could have been prevented. Auto accidents, medical malpractice, workplace incidents — someone’s negligence or wrongful act often plays a part.
If you’re dealing with the unexpected loss of a loved one, it’s important to understand your rights. You may be able to file a going through the stages of grief to get your family the justice it deserves.
What you’ll discover:
- Understanding wrongful death claims
- What affects your settlement amount
- How much you can really expect
- Getting the most compensation possible
What Exactly Makes a Death “Wrongful”?
A wrongful death is simply the result of a person’s negligent, reckless, or intentional actions that cause the death of another person.
It’s that simple.
The victim could have been alive if not for the acts of the other party. The most common causes of wrongful death are:
- Car accidents
- Medical malpractice
- Workplace accidents
- Defective products
- Slip and fall accidents
- Violent crimes
In order to establish negligence, it must be shown that the defendant owed a duty of care, breached that duty of care, directly caused the accident, and that your family suffered damages as a result.
How Much Are Wrongful Death Settlements Worth?
If there is one thing I know, it’s that this is the first question on your mind when you find out a loved one has been killed.
But let’s be honest here for a moment…
There is no such thing as an “average” wrongful death settlement. Wrongful death compensation is calculated on a case-by-case basis and depends on many different factors unique to each situation.
In California, the average wrongful death settlement is $973,054. But the median payout is a much more reasonable $294,728.
Do you see the difference? A few huge settlements drove up the average.
The majority of settlements fall somewhere between $500,000 and $1 million.
Your family’s case could be worth far more or less depending on the details of the accident.
What Factors Actually Matter for Your Settlement?
Okay, so you want to know what determines how much compensation your family can recover.
Here it is: it all comes down to how much value your loved one provided your family.
Economic Factors: This includes lost income, benefits, medical expenses, and funeral costs. Essentially the money your loved one would have provided to your family over their lifetime.
Personal Factors: The age and health of your loved one at the time of their death, their relationship to the survivors, and their role within the family. For instance, young, healthy individuals with dependents will typically see larger settlements.
The Settlement Process: What Actually Happens
If there is one thing I know, it’s that most people have no idea how wrongful death settlements work. Let’s take a look.
Investigation and Evidence Gathering. Your attorney will need to collect all of the medical records, accident reports, witness statements, and expert opinions.
Filing the Lawsuit. Your legal team will file the wrongful death lawsuit against the responsible parties, but only once they have all of the evidence necessary to prove your case.
Settlement Negotiations. The majority of wrongful death cases are never settled in a courtroom. Parties typically negotiate a settlement amount.
Trial (If Necessary). If a settlement cannot be reached through negotiations, then your case goes before a jury. This can result in larger awards but also a lot more time and uncertainty.
Common Mistakes That Cost Families Money
Time and again, I see families make simple, but critical mistakes that end up costing them thousands of dollars, if not more, in potential settlement dollars.
Waiting too long to file. Every state has a statute of limitations for filing a wrongful death claim. The majority of states give you 2 years from the date of death to file.
Speaking to insurance companies alone. Insurance adjusters are trained negotiators whose sole job is to get you to pay out as little as possible on your claim. Never give recorded statements without having an attorney present.
Misunderstanding the full value of the claim. Too many families only focus on the immediate and out-of-pocket expenses. But the real value of a wrongful death case is often the future lost income your loved one would have provided.
Accepting the first offer. This one may surprise you, but most initial settlement offers are almost always far too low and underrepresent what your claim is actually worth.
Medical Malpractice: A Leading Cause of Wrongful Death
Did you know that…
Medical errors cause an estimated 251,000 deaths each year in the U.S.?
That’s 9.5% of all deaths. Medical errors are the third leading cause of death in the country behind heart disease and cancer.
These aren’t just numbers. Each one represents a real family who lost a loved one to a preventable medical mistake such as a misdiagnosis, surgical error, medication error, or anesthesia mistake.
These cases are often more complex than other wrongful death claims, as they often require expert medical testimony.
Who Can File a Wrongful Death Lawsuit?
Not everyone who has a grievance against the estate of the deceased person is allowed to file a wrongful death claim.
State laws will vary slightly, but in most cases these are the people who have the legal right to file a wrongful death lawsuit.
- Immediate family members, including the spouse, children, and parents.
- Life partners in some states, including domestic partners.
- Personal representatives of the deceased person’s estate.
- Financial dependents who depended on the deceased for financial support.
What About Funeral Expenses?
You have enough on your plate without dealing with funeral arrangements.
Funeral services have increased by an average of 3% every year since 1990 and now cost over $8,000. Prices for cremation services are up to 45% higher than two years ago, at over $6,000.
The good news is that funeral and burial expenses are typically recoverable in a wrongful death lawsuit.
Outstanding medical bills, lost wages from taking time off work, and even the costs of grief counseling should also be covered.
How Long Does the Process Take?
I’m about to tell you something that no one ever tells you, but is absolutely 100% true…
The honest answer is that it can vary widely from case to case.
Straightforward claims might settle in 6-12 months. More complex cases can take 2-3 years or longer.
Case complexity, cooperation from the other party, and court schedules all play a factor in how long it takes.
Working with the Right Attorney
This may surprise you, but not every personal injury lawyer will handle wrongful death cases.
Wrongful death claims require specialized knowledge and experience. A general practitioner may not be the best fit for your family.
Look for an attorney who specializes in wrongful death cases and has a proven track record. Ideally, they should offer a free consultation, work on a contingency basis, and have the resources to go up against large insurance companies.
Moving Forward After Tragedy
No amount of money will ever replace your loved one or ease your pain.
But a fair wrongful death settlement can provide financial stability for your family. It can pay for immediate expenses, replace lost income, and help protect your children’s future.
The key is to act quickly.
Wrapping It All Up
Pursuing a wrongful death case can provide much-needed financial support for your family while also holding negligent or reckless parties accountable for their actions.
Keep in mind that every case is unique, so the settlement figures you see online may not apply to your situation. There is no way to know how much your case is worth until you speak with an experienced wrongful death attorney.
Don’t let insurance companies take advantage of your family’s loss. Get the professional legal help you deserve and fight for the compensation you need to move forward.