What Is the Average Payout in a Wrongful Death Settlement?

A loved one’s untimely passing is always a painful experience. If your loved one passed because someone else was negligent, while nothing can bring them back, it’s important to understand that compensation may be available for various losses associated with their death.

Filing a wrongful death lawsuit allows surviving loved ones of a wrongful death victim to seek compensation for everything from the direct financial losses of death to the emotional distress that might be more difficult to quantify after a tragic loss.

There is no standardized or officially tracked average payout for wrongful death settlements, as each case is uniquely influenced by factors such as the deceased’s age, income, future earning potential, and the circumstances of their death. Wrongful death settlements can vary dramatically based on multiple variables, including the jurisdiction’s laws, the severity of negligence involved, and whether the case involves auto accidents, medical malpractice, workplace fatalities, or product liability.

While specific averages aren’t available, wrongful death settlements often result in substantial compensation due to the extensive economic and non-economic damages involved, including funeral expenses, lost wages, loss of companionship, and potentially punitive damages in cases that go to trial.

Factors Influencing Wrongful Death Settlement Amounts

Many factors can influence the financial compensation someone may be eligible to receive from a wrongful death lawsuit. They include:

• The deceased’s age at the time of death
• Their income at the time of death
• Their estimated future earning potential had they lived
• The relationship between the deceased and those seeking compensation in a wrongful death suit (such as whether anyone was a dependent)
• The severity of the negligence that caused the deceased’s wrongful death
• Jurisdiction, as various laws influence the compensation surviving family members may receive when filing a wrongful death lawsuit

Various details will contribute to the potential value of your wrongful death claim. For a personalized assessment of your case value, contact Munley Law for a free consultation.

Types of Damages in Wrongful Death Settlements

When filing wrongful death claims or lawsuits, surviving family members can generally seek the following types of damages:

• Economic
• Non-economic

Economic damages consist of the financial losses resulting from a loved one’s wrongful death. Common examples of economic damages in a wrongful death suit include:

• Funeral and burial expenses
• Medical expenses, if the deceased received treatment and incurred medical bills before succumbing to their injuries (although this might require a survival action lawsuit)
• Lost wages or loss of the deceased’s financial support

Non-economic damages are less easy to quantify in dollar values. Some examples of non-economic damages that may be available when filing a wrongful death lawsuit include:

• Pain and suffering the deceased endured before passing away (although to recover compensation for this, loved ones might technically have to submit a survival action lawsuit)
• Mental pain and suffering of those left to mourn the deceased
• Loss of companionship
• Loss of parental guidance

Remember, that’s not necessarily an exhaustive list. Legal professionals can review the details of your wrongful death case and determine in greater specificity the types of damages that may be available.

If a wrongful death case goes to trial, a jury might also award punitive damages. Unlike compensatory damages, which serve to compensate surviving family members for specific losses, punitive damages are meant to punish the defendant. Juries may award punitive damages in a wrongful death suit to punish the liable party.

Ensure you’re seeking all available damages. Let Munley Law evaluate your case, call today for a free case review.

Types of Wrongful Death Cases

You have grounds to file a wrongful death lawsuit when a loved one’s death resulted from another’s negligence. Essentially, if your loved one would have had grounds to file a personal injury claim had they been injured but not lost their life, you may have grounds to file a wrongful death claim or lawsuit.

There are various ways that negligence may result in wrongful death. To some extent, the type of case you have may influence the damages available. Consider the following examples:

• Auto accident wrongful death settlements: The liable party in an auto accident case will usually be another driver. When filing a wrongful death claim or lawsuit against a motorist, the amount of compensation available is limited by how much their insurance will pay or how great their financial assets and resources are.
• Medical malpractice wrongful death payouts: Some states cap the amount of damages (specifically non-economic damages) available in a medical malpractice case. However, that’s not true of all states. Pennsylvania doesn’t impose such limits, for example. When suing a healthcare provider, it’s possible the eventual wrongful death settlement will be greater than it would be in an auto wreck case. That said, many factors contribute to a final death settlement.
• Workplace fatality compensation: Cases involving wrongful death in the workplace are unique. If the deceased was operating as an employee at the time of death, and their employer paid for workers’ compensation insurance, their surviving loved ones typically wouldn’t have the option of filing a lawsuit against the employer. However, they could seek death benefits through workers’ comp insurance coverage.
• Product liability wrongful death: A wrongful death lawsuit payout in a product liability case could potentially vary quite widely on a case-by-case basis. That’s because the size of the companies that may be liable in these types of cases can vary significantly.

The above examples should help you appreciate something very important: Every case is unique. Discuss your specific situation with Munley Law’s experienced attorneys.

Calculating Wrongful Death Settlements

A wrongful death lawyer can offer many benefits when you’re seeking compensation while also coping with the tragic passing of a loved one. Calculating the amount of money your claim may be worth is one such benefit.

Wrongful death attorneys and insurers use various methods to calculate wrongful death compensation in these circumstances. Some examples include:

• Adding up the current economic damages, such as medical bills and burial expenses
• Accounting for factors like the deceased’s income at the time of death to project future economic losses, like loss of the deceased person’s projected earnings had they lived
• Using methods like the multiplier method to assign a dollar value to non-economic losses like pain and suffering
• In some cases, using wrongful death settlement calculators to estimate damages available

Don’t let an insurance company or defendant convince you to settle for less. Get an accurate valuation of your claim. Schedule a free case review with Munley Law today.

Time Limits for Filing Wrongful Death Claims

There are deadlines for filing a wrongful death lawsuits. For example, under the statute of limitations in Pennsylvania, you must file a wrongful death lawsuit within two years of your loved one’s death. To seek compensation for their pain and suffering, medical bills, and other damages they incurred before passing away, you need to file a survival action lawsuit within two years of them becoming injured.

There are rare exceptions when the deadline may be paused. For example, if it’s revealed that a defendant committed fraud or otherwise attempted to conceal the true cause of someone’s death, the deadline may be paused.

Again, these circumstances are rare. It’s best to take timely action. If you don’t file a lawsuit by the deadline, you’ll lose your right to compensation.

Don’t miss critical deadlines. Contact Munley Law immediately to protect your rights.

Role of Insurance in Wrongful Death Settlements

You may receive financial compensation in a wrongful death case by filing an insurance claim instead of a lawsuit. This might be an option when a relevant insurance policy covers wrongful death. Types of policies that might apply in your case include (but aren’t limited to):

• Auto insurance
• Medical malpractice insurance
• Homeowner’s Insurance
• General liability insurance for a corporation

Attempting to seek compensation from an insurer can be difficult if you try to do so alone. First, in a complex wrongful death case, multiple policies might be sources of compensation. You’ll have to confirm that policies offer compensation and that their coverage limits don’t prevent you from receiving what you deserve. You’ll also have to negotiate with adjusters who are likely going to try to convince you to settle for less than you deserve.

That doesn’t have to happen. Maneuver through complex insurance issues with Munley Law’s skilled negotiators.

Choosing the Right Wrongful Death Attorney

Pursuing compensation via a wrongful death lawsuit is a challenging task. After a loved one’s passing, you may be coping with extremely difficult emotions. You don’t want to add to your burdens at this time by also trying to extract compensation from parties who might not be eager to provide it.

Choosing the right law firm can ease your burdens by ensuring a qualified team is handling your case. When considering a firm, look for one that’s been in business for a long time. This is a sign that the firm does right by its clients. Questions to ask when discussing your case with attorneys include:

• Can you provide examples of other cases like mine that you’ve successfully handled in the past?
• Can you provide testimonials from happy clients?
• What is your fee?
• How will I keep in touch with you and learn about the status of my case?

Don’t underestimate the role the right attorney can play in a case’s outcome. A lawyer who knows how to patiently work away at a wrongful death case could help you secure more compensation than one who’s willing to accept the first offer that comes along.

Choose a firm with a proven history of success. Choose Munley Law.