Losing a loved one because of someone else’s negligence is incredibly devastating. However, families can file a wrongful death claim, which can help ease the financial burden on families. Every year, over 100,000 wrongful death claims are filed in the U.S. One of the most common questions people have is, “How much can I actually receive in a settlement?”
The truth is, there is no fixed amount. Every case is different, and the final settlement depends on several personal and legal factors. Families are advised to look for a wrongful death lawyer who will assist in the claims process. In this article, we will break down what goes into determining how much you might receive.
What Affects the Value of a Wrongful Death Settlement?
Some of the elements that determine the value of wrongful death are financial losses and the emotional pain caused by the loss.
1. Economic Damages
These are the measurable financial losses tied to the death of your loved one, such as:
- Medical bills that were incurred before your loved one passed away.
- Funeral and burial expenses.
- Loss of income and financial support that the deceased would have provided if they were still alive.
2. Non-Economic Damages
These damages are more difficult to quantify, but they are still very important. Non-economic damages mostly reflect the emotional toll on the family, such as loss of companionship, care, or guidance. Emotional suffering and grief of surviving family members also fall under non-economic damages.
3. Punitive Damages
In rare cases where the at-fault party’s actions were reckless or intentional, punitive damages may also be awarded. These are meant to punish the wrongdoer and discourage such behavior. A good example is the case of Estate of Tyler Thomas v. Joshua Keadle in Nebraska.
Tyler’s family filed a wrongful death suit against Joshua. After a lawsuit was filed, Nemaha County awarded Tyler’s family $2.6 billion, out of which $2.4 billion was punitive damages, which was paid to the local school district.
How the Deceased’s Profile Matters
The value of a claim is often tied to who the deceased was. For example, a young parent with a stable career and many working years ahead may result in a higher settlement compared to someone who is older or retired.
Some factors considered include:
- Age and overall health, like disability status, were considered before their death.
- Their contribution at home, such as tasks they did in the household and childcare.
- Future earning capacity, which can be determined by training and education.
- The ages of the children of the deceased.
Your Relationship With the Deceased
Not everyone has the same right to file a wrongful death claim. Additionally, the amount you may receive depends on your relationship with the deceased. Spouses, children, and sometimes parents are the main beneficiaries. The closer your legal and financial dependency is, the higher your compensation can be.
State Laws and Settlements
Where you live can affect how much you can recover. Some states have caps on damages, mostly non-economic damages like emotional distress and loss of companionship.
There are also statutes of limitations, which are mostly two years from the date the deceased passed away. These legal details can either limit or expand your options so it is important to understand the laws in your specific state.
What Kind of Settlement Can You Expect?
Some wrongful death cases can fall in the range of $100,000, while others can be millions, depending on the circumstances. It is also important to remember that insurance coverage limits can play a role in the damages you receive.
Conclusion
The amount of money you are entitled to receive in a wrongful death claim depends on various factors. If you are considering filing a claim, speak to a wrongful death attorney who can help you understand what you are entitled to as per your circumstances.
