What is Included in a Settlement for Wrongful Death?

What You Can Recover in a Wrongful Death Lawsuit

Wrongful death settlements aim to address the substantial impact a tragic loss has on a family by compensating for various forms of harm and loss that accompany the death of a loved one due to another’s negligence or wrongdoing.

These settlements are multifaceted, with compensation carefully calculated to account for both economic and non-economic damages.

In general, the surviving spouse or other legitimate individuals can claim compensation for economic (medical bills, funeral, and burial expenses) and non-economic (loss of consortium, pain, and suffering) damages.

Damages that can compensated include:

• Medical expenses incurred prior to death
• Funeral and burial costs
• Loss of financial support
• Loss of benefits and services
• Emotional pain and suffering
• Loss of companionship and consortium

Medical Expenses Incurred Prior to Death

When a loved one suffers before passing away, the associated medical bills can be overwhelming for surviving family members.

Settlements commonly include compensation for the cost of medical treatment that was required prior to the person’s death, such as emergency care, hospital stays, surgeries, and medications.

Funeral and Burial Costs

Wrongful death settlements typically cover these expenses, allowing families to honor their loved one’s memory with a fitting farewell without having to worry about the financial aspect.

By compensating for these costs, the settlement offers some relief, making it easier for families to focus on their emotional needs during this difficult time.

Loss of Financial Support

The sudden death of a breadwinner can severely impact the family’s financial security.

Wrongful death settlements often include compensation for the deceased’s anticipated future earnings, which may include wages, bonuses, benefits, and retirement contributions.

Loss of Benefits and Services

Aside from financial income, the deceased may have provided invaluable household support or services, such as childcare, household maintenance, guidance, and companionship.

Wrongful death settlements recognize the non-financial contributions of the deceased, often including compensation to cover the cost of these lost services.

Emotional Pain and Suffering

Losing a loved one causes profound emotional pain.

While no monetary value can truly compensate for this loss, wrongful death settlements often include compensation for the emotional suffering experienced by surviving family members.

This aspect of the settlement addresses the grief, mental anguish, and loss of companionship that families endure, attempting to provide some measure of relief for the trauma and loss they face.

Loss of Companionship and Consortium

For spouses, children, and other close family members, the absence of a loved one means the loss of companionship, guidance, and emotional support.

Wrongful death settlements may recognize the deceased’s unique relationship with each family member, particularly the spouse, and compensate for the loss of love, intimacy, and companionship.

Each of these elements serves to recognize the vast range of losses a family experiences due to wrongful death.

Financial compensation is not intended to replace the deceased but to alleviate some burdens that often accompany such a loss.

Steps in Filing a Wrongful Death Lawsuit

Filing a wrongful death suit is a complex and often emotionally challenging process for grieving families.

It can be essential in seeking justice and financial relief after a loved one’s untimely death.

This process involves several key steps, from gathering evidence to filing the claim and potentially negotiating a settlement or taking the case to trial.

This list might differ with your case as each case is unique.

Hiring a Wrongful Death Lawyer

Seeking and hiring the right wrongful death attorney is the first and most crucial step.

The right attorney will evaluate your case, determine if there’s a strong foundation for a wrongful death claim, and explain the potential outcomes.

They’ll also clarify the statute of limitations for wrongful death cases in the state, as these deadlines are critical.

Once hired, your attorney will guide your family through each step of the legal process, providing support and handling complex legal requirements.

Investigation and Gathering Evidence

An in-depth investigation is essential to establish the cause of the wrongful death and identify the responsible party.

This process involves gathering various forms of evidence, such as medical records, accident reports, witness statements, and expert testimony.

Your attorney will work to build a strong wrongful death case, showing how the other party’s negligence, recklessness, or intentional actions led to the death of the loved one.

This stage can take weeks or months, depending on the case’s complexity, but this part is critical to give your case substance and validity.

Filing the Wrongful Death Claim

Once sufficient evidence is gathered, the attorney will file a wrongful death claim in the appropriate court.

This document outlines the details of the case, including the circumstances surrounding the death, the damages you’re seeking, and the legal arguments supporting the claim.

At this point, the defendant (the party being sued) is formally notified, initiating the lawsuit.

They are then required to respond within a set time frame, either by accepting or contesting the claims.

Your attorney should guide you on how to receive each decision.

The Pre-Trial Phase

The discovery phase is an important part of the pre-trial phase.

This formal process allows both sides to exchange relevant information and evidence.

The discovery process could be conducted through:

• Interrogatories
• Depositions
• Document exchanges

Your party could use this phase to strengthen your case and uncover details that may help or hinder your arguments.

The discovery process is vital as it enables both sides to prepare a comprehensive case, often revealing new insights or points of contention.

Negotiating a Settlement

After discovery, many wrongful death cases proceed to settlement discussions.

Settlement negotiations can occur informally or in a formal mediation setting, where a neutral mediator helps both sides reach an agreement.

Settlements are often favorable because they avoid a trial’s uncertainty, time, and costs.

In a settlement, the defendant typically agrees to pay a specified amount to the family in exchange for their agreement to drop the lawsuit.

The Trial Process

The case will escalate to trial if both parties can’t agree to a settlement.

During the trial, both sides present their evidence, question witnesses, and make legal arguments before a judge or jury.

As the plaintiff, your party’s goal is to prove that the defendant’s actions directly caused the wrongful death and that they should be liable for damages.

The trial phase can be emotionally challenging for families, as they must relive details of the loss, but it also provides a platform for securing justice if settlement negotiations fail.

Post-Trial Processes

After the trial, the judge or jury will deliver a verdict.

If your party wins the case, the court will determine the compensation amount the defendant must pay.

This compensation will include economic damages (such as medical bills, funeral costs, and loss of financial support) and non-economic damages (such as emotional pain and loss of companionship).

The defendant has the right to appeal the decision, which can extend the case but is usually not common unless significant legal grounds exist.

Settlement in Wrongful Death Lawsuits

As you might expect, the legal groundwork behind a wrongful death lawsuit is complicated.

The judge or jury will not only look at how the victim died and the nature of the accident; they will look at the event with a bird’s eye view.

This process can lead to a lengthy back and forth, which welcomes the possibility of a settlement.

Settling a wrongful death case skips the exhaustive trial process while ensuring your family recovers the damages you deserve to receive.

The Settlement Negotiation Process

After the initial investigation and filing of the claim, both parties typically enter a negotiation phase.

This process involves discussions between your party’s attorney and the defendant’s insurance company or legal team.

During settlement negotiations, both sides present their views on liability and damages, often exchanging settlement offers and counteroffers until an agreement is reached.

Mediation

If direct negotiations stall, parties may opt for mediation, a formal process where a neutral third-party mediator helps facilitate discussions.

Mediation can provide a structured environment for both sides to communicate and work towards a resolution.

Evidence Consideration

The strength and relevance of the evidence play a significant role in settlement discussions.

If your family’s case is particularly strong — backed by compelling evidence demonstrating clear liability and significant damages — the defendant may be more inclined to settle to avoid the risks of going to trial.

The Time Frame

The duration of the lawsuit can also influence settlements.

If the case is expected to take a long time to resolve in court, the defendant may prefer to settle quickly to minimize their legal costs and uncertainties.

How Much Compensation Is Right for Your Case?

Several factors influence the final payout, including the specifics of the case, the circumstances surrounding the death, and the financial and emotional impacts on the surviving family members.

Factors include:

• Circumstances of the death
• Financial impact on the family
• Insurance policy limits
• Jurisdictional factors

Circumstances of the Death

The specifics surrounding the death can significantly impact the settlement amount.

Key factors include:

• Gross Negligence: Cases involving gross negligence or intentional harm warrant higher settlements due to the severity of the wrongdoing.
• Liability: If the evidence clearly establishes the defendant’s liability, it strengthens the plaintiff’s bargaining position during negotiations.
• Type of Incident: The nature of the incident (e.g., a car accident, medical malpractice, workplace accident) also influences payouts, as different types of wrongful deaths can entail varying levels of responsibility and impact.

Financial Impact on the Family

The economic consequences of the death on the surviving family members are pivotal in determining settlement amounts.

Financial impact includes:

• Lost Income: If the deceased was the primary breadwinner, the family may seek higher compensation for lost wages and future earning potential.
• Medical Expenses: Any medical bills incurred before the death, including hospital stays, surgeries, and rehabilitation, can be factored into the settlement amount.
• Funeral and Burial Costs: Families are entitled to seek compensation for the funeral and burial of the decedent.

Insurance Policy Limits

The insurance coverage of the defendant also influences the settlement amount.

Insurers often have maximum payout limits, which may cap the total amount offered to the family.

Understanding these limits can shape the negotiation strategy for both sides.

Jurisdictional Factors

Different states have varying laws regarding wrongful death claims, including damage caps and the types of damages that the plaintiff or the family can recover.

These jurisdictional nuances can affect settlement amounts as attorneys tailor their strategies based on local laws and precedents.

Previous cases with similar circumstances can also influence settlement discussions.

If a previous similar case in the jurisdiction resulted in higher payouts, the plaintiff’s legal team may use this as a precedent to demand higher compensation.

Your Wrongful Death Attorney Significantly Impacts Your Case

An experienced wrongful death attorney plays a critical role in the entire legal process.

These legal professionals not only offer expertise but also emotional support, empathy, and the strength to carry on with the harrowing process.

Ways wrongful death lawyer can affect the trajectory of your case includes:

• Building a solid and fact-based case
• Navigating the legal process
• Negotiating with insurance companies
• Litigation support
• Emotional support and guidance

Building a Solid and Fact-Based Case

One of the first and most essential roles of a wrongful death attorney is to gather and analyze evidence that supports the family’s claim.

Ways a wrongful death attorney builds a case includes:

• Thorough Investigation: Attorneys conduct meticulous investigations to establish liability. They collect relevant documents such as medical records, police reports, witness statements, and any additional evidence pertinent to the case.
• Tailored Legal Strategy: The right attorney will devise a tailored plan according to your case’s merits and facts. They will personalize a legal path that will give you higher chances of maximizing compensation.

Navigating the Legal Process

The legal landscape surrounding wrongful death cases can be intricate and confusing, especially for families already coping with loss.

An experienced attorney guides families through this process by:

• Explaining Statutes and Deadlines: Attorneys are well-versed in state laws governing wrongful death claims, including statutes of limitations that dictate how long families have to file a lawsuit. They ensure all necessary paperwork is filed promptly to preserve the family’s legal rights.
• Managing Documentation: A wrongful death claim involves numerous critical documents, from filing the initial complaint to managing court filings and communications. An attorney ensures that all documents are completed accurately and submitted on time, alleviating the burden on grieving families.

Negotiating With Insurance Companies

Insurance companies often aim to settle claims quickly and for the lowest possible amount.

An experienced wrongful death attorney is invaluable during negotiations, as they can:

• Assess Fair Compensation: Attorneys are skilled at calculating the full extent of damages, which can include medical expenses, funeral costs, lost income, and emotional suffering.
• Negotiate Compellingly: Legal professionals know how to communicate and negotiate with insurance adjusters effectively. These experts advocate fiercely on behalf of the family, countering low initial offers and pushing for fair compensation based on the case’s merits.

Litigation Support

Not all wrongful death attorneys can handle trials.

If your case has less chance of settlement, you should consider hiring a lawyer with trial experience.

Ways an experienced trial attorney can help you includes:

• Trial Preparation: Attorneys meticulously prepare for trial by organizing evidence, outlining strategies, and preparing witnesses. They ensure that all aspects of the case are ready for presentation in front of a judge or jury.
• Court Representation: During the trial, the attorney represents the family, presenting evidence, cross-examining witnesses, and making legal arguments. Their experience in the courtroom can significantly impact the outcome of the case.
• Addressing Appeals: If the case results in a verdict, attorneys can also handle any subsequent appeals, ensuring the family’s rights are protected throughout the process.

Emotional Support and Guidance

Beyond legal expertise, wrongful death attorneys offer emotional support to families during a profoundly difficult time.

By handling the legal complexities of the case, attorneys relieve families of the stress of navigating the legal system, allowing them to focus on healing and grieving.

Attorneys understand the emotional toll of a wrongful death and communicate with families empathetically.

These professionals explain complex legal concepts in a way that is easy to understand, allowing families to make informed decisions.

TorHoerman Law: Talk to Our Wrongful Death Attorneys Today

No wrongful death settlement calculators online can realistically predict the amount of compensation you and your family deserve.

The only accurate way to know this amount is to consult a lawyer.

Schedule your free consultation with our experienced wrongful death lawyer today.

Our online chatbot is also available if you’d like to do a quick case evaluation.