A wrongful death lawsuit is a vehicle for a deceased individual’s close familial survivors or the estate to seek financial compensation for losing their loved one due to someone else’s negligence. One of the most asked questions we receive as attorneys is, “What is the average payout in a wrongful death lawsuit?” Unfortunately, it is difficult to give a precise average wrongful death lawsuit payout because of the many factors at play.
Difficulty Determining Wrongful Death Settlement Amounts
It is difficult to state with certainty what a wrongful death settlement or the average wrongful death payout might be for many reasons.
Confidential Settlements
Most wrongful death cases settle outside of court, and settlement agreements are often confidential. Therefore, these settlements are unknown and cannot be factored into an average calculation.
Every Case is Unique
Wrongful death settlement amounts will vary drastically because every case is unique. There are many factors to consider when estimating your potential wrongful death lawsuit payout.
Factors Considered in a Wrongful Death Payout
Insurance companies and courts take various factors into account when determining a fair wrongful death compensation payout.
Medical Expenses
The surviving family will be entitled to receive compensation for the medical bills and out-of-pocket expenses incurred by the decedent before their death, accounting for all the medical bills from the date of the accident up until their death, including emergency room visits, in-patient hospital stays, surgery, etc. Naturally, the higher these expenses, the larger the payout.
Lost Wages
Lost wages are another factor to be considered in a wrongful death payout. The family may be able to seek compensation for the lost wages for the time between the accident and their loved one’s death.
Anticipated Lost Income and Earning Capacity
The decedent’s anticipated lost income is one of the most critical considerations in a wrongful death settlement or payout. If the deceased individual is the financial provider for their family, this aspect of the settlement can be crucial. Calculating future lost wages can be complex and will rely on several factors in and of themself, including:
- The age of the decedent when they died,
- The financial needs and dependence of the surviving spouse and children,
- Any prior health conditions that may have contributed to their death, and
- Overall earning capacity.
Practically speaking, the evaluation and assessment of these factors make sense. For example, if someone dies at age 62, their projected earning capacity is likely much different than someone who dies at age 32. No matter a decedent’s age, estimating what someone may have made over their lifetime is challenging. Turning to an experienced wrongful death attorney can mean the difference in a successful payout. A lawyer can help you gather the evidence you need to prove the decedent’s lost earning capacity.
Other Factors
Other factors and damages to consider in a wrongful death settlement include:
- Pain and suffering,
- Mental anguish,
- Emotional distress,
- Loss of consortium,
- Loss of companionship and parental guidance,
- Lost anticipated inheritance,
- Lost value of household services,
- Lost value of childcare, and
- Funeral and burial expenses.
Remember, not all of these factors will apply to every situation. An attorney can help you assess what compensation you might be entitled to receive.
Insurance Coverage and Policy Limits
Finally, when contemplating a wrongful death action, it is essential to remember that no matter how high your damages may be, you are typically bound to any applicable insurance policy limits.
The larger the insurance policy, the greater the capacity for a larger payout. Conversely, if the defendant has no insurance coverage or minimum policy limits, you may be unable to recover any meaningful compensation in a settlement or award.
Nationally Recognized Attorneys
If you are considering pursuing a wrongful death claim because you lost a loved one and are worried about your future financial stability, it is time to reach out to a seasoned attorney. At D’Amore Law Group, we can assess your case and discuss your potential compensation. Our team is nationally recognized by Best Lawyers, Top Verdict.com, Martindale-Hubbell, and Super Lawyers. We have a history of satisfied clients and successful outcomes. Contact us today for a free case evaluation.
