What is the average payout in a wrongful death suit?

An individual’s life is irreplaceable, so you can imagine just how difficult it is to place an economic value on the losses associated with a wrongful death accident.

Considering this, it makes sense that the average wrongful death settlement ranges somewhere between a few thousand dollars to tens of thousands of dollars. Depending on the situation, this figure can easily exceed $1 million, but every wrongful death case is unique. Learn more about what you can expect with a settlement if you plan on seeking out a wrongful death claim below.

Types of Damages in Wrongful Death Cases

As someone who has lost a loved one, you know that no amount of compensation is comparable to the value of your loved one’s life. That said, it’s still necessary to put an economic value on your overall claim in order to estimate an appropriate wrongful death lawsuit payout.

Unfortunately, the process of calculating these values can compound your grief, so it might be best to ask an attorney to make these economic evaluations for you.

In a wrongful death case, you can generally seek out compensatory damages in the form of a loss of financial support, pain and suffering, and the direct economic costs of the burial. When the other party’s recklessness was extreme, you can also seek out punitive damages. This type of compensation isn’t designed to reimburse the injured party but to penalize the responsible one. It’s a financial deterrent meant to motivate the responsible party to act better in the future.

Direct Funeral Expenses and Loss of Life Costs

The number one type of compensation you should seek out is financial reimbursement for your loved one’s funeral expenses and all the costs of taking care of their end-of-life responsibilities. Often, hiring legal support is your best option because an attorney will be sure that you properly calculate the value of all these losses.

Your economic damages related to your loved one’s death should include any medical expenses incurred prior to the passing, any legal expenses you incur going through probate or handling your loved one’s estate, and any other direct financial losses you endure handling your loved one’s passing.

A Loss of Financial Support

Were you and your family depending on your loved one’s financial support? If so, then it’s possible to seek out damages for the loss of financial support and future income you would’ve had if your loved one survived. This figure is typically very challenging to determine, but the standard is to consider the person’s life expectancy and average income they earned every month.

Pain and Suffering

Pain and suffering and a loss of consortium are also common types of compensation you can seek out in a wrongful death claim. The loss of your loved one is very likely to induce feelings of distress, sadness, grief, loneliness, and more. It will be difficult to place an economic value on these types of losses, but an attorney can help you determine an appropriate value to seek out for these losses.

Punitive Damages

Punitive damages are a unique form of compensation that aren’t designed to compensate you but to penalize the responsible party. Punitive damages are only awarded in rare circumstances, but when the loss of life is present in a case, punitive damages are more likely to be issued.

These damages are levied against parties that display extreme recklessness, a complete disregard for human safety, or do not show remorse for their actions. Typically, if the court thinks the party is likely to perpetrate the same type of behavior on another innocent party, then they’re more likely to issue punitive damages.

The goal is to get the responsible party to act more responsibly in the future.

Average Settlement Amounts for Wrongful Death Cases

So, if you’d like to find out what is the average payout in a wrongful death suit, it’s worth knowing that it’s extremely difficult to calculate a wrongful death settlement average. As every situation is handled on a case-by-case basis. Typically, minor wrongful death claims are resolved outside of court for anywhere from a few thousand dollars to hundreds of thousands of dollars. If the case goes to trial and the losses are significant, then it is possible for a wrongful death payout to exceed $1 million.

According to recent estimates from the National Funeral Directors Association, the average cost of a basic funeral with a burial and viewing exceeds $8,000. Choosing cremation with a funeral will still cost over $6,000. That said, the average settlement amount rarely dips below a few thousand dollars, as the bare minimum your claim should cover is your loved one’s direct burial costs.

Current Trends in Wrongful Death Settlements

While the loss of life is always difficult to accept, most fatal tragedies do not arise to the legal threshold of a wrongful death situation. One of the most common types of wrongful death claims involves motor vehicle accidents, but medical malpractice claims are on the rise, especially after the last few years of pandemic-induced panic.

In the past, courtrooms have typically erred on the side of limiting the damages one could receive in these situations, but many states, including New York, have recently been pushing for expansions in wrongful death claims that would allow for bigger payouts.

Factors that Affect Wrongful Death Settlements

To understand how much is a wrongful death lawsuit worth in total, you need to know that the overall value of all your losses will be one of the biggest compensation factors in your claim. But it’s not the only thing that will influence your award. When you decide to file a legal claim, there are several factors that could impact the overall value of your settlement.

Below, we’ll go over a few factors that affect wrongful death settlements.

Impact of Age and Health of the Deceased

Your wrongful death payout will be directly tied to your loved one’s age and overall health prior to their passing. This is such a significant and necessary factor to consider because it impacts the calculation of certain compensation, like a loss of financial support and pain and suffering.

In general, courtrooms put the greatest weight on breadwinners of the family or individuals who contributed a lot to the household’s overall ability to function. Individuals who didn’t have a steady income or were unable to contribute to the household in other ways will typically see smaller wrongful death payouts.

How the Claimants’ Relationship Affects Settlements

The relationship between the deceased and the claimants also makes a difference in the claim process. Generally, a loss of life is going to have a bigger impact on family members who developed a close relationship with the deceased. If the claimant is a loosely related family member who hadn’t seen the deceased in decades, then it makes sense that the settlement won’t be as significant as the death won’t be as impactful on the claimant.

Circumstances of the Incident

The circumstances of the incident also play a major determining role in how much you can receive. Legal liabilities must exist in the fatal situation in order for a wrongful death claim to be successful, which means the other party must have owed a legal duty of care towards the deceased. There are many situations where liability arises. For instance, doctors have a duty to care for their patients, and drivers all have a duty to care for everyone else on the road. If your loved one contributed to the fatal accident, caused it fully, or no legal duty existed, then the settlement award will be affected.

The Role of Insurance in Settlement Amounts

The average payout for accidental death situations is also influenced by whether insurance will cover the incident or not. Insurance claims can help bolster a claim, but insurance payouts don’t always cover the full extent of your losses. If insurance payments cover a portion of your losses, then it will still be possible to seek out additional coverage from the responsible party.

Recent Examples of Wrongful Death Settlements

1. $7.5 million settlement — child wrongful death at major retailer

In an unprecedented case, Kermani LLP secured a $7.5 million settlement for the wrongful death of a child at a leading retail chain, marking the largest settlement of its kind in Georgia's history. Our firm worked tirelessly to bring the responsible parties to justice, ensuring the family received the compensation they deserved for their unimaginable loss.

2. $2.35 million settlement — freeway incident

Our legal team obtained a $2.35 million settlement for the family of a victim involved in a tragic freeway incident. The accident, caused by a motorist with insufficient insurance coverage, took a life too soon. Through strategic litigation, we held the non-liable employer accountable, securing significant compensation for the bereaved family.

3. $3 million settlement — surgical error

In a tragic case, our firm achieved a $3 million settlement for the family of a patient who passed away due to a surgical error. The surgeon's negligence led to unforeseen complications that resulted in the patient's untimely death. Kermani LLP fought persistently to ensure that the bereaved family received the compensation they deserved.

4. $2.8 million settlement — misdiagnosis

Kermani LLP secured a $2.8 million settlement for a family devastated by the fatal consequences of a misdiagnosis. The medical professional's failure to accurately diagnose a treatable condition led to the patient's death. Through thorough investigation and litigation, our firm successfully held the responsible party accountable, securing financial relief for the grieving family.

How to Maximize Your Wrongful Death Settlement

Your wrongful death lawsuit value hinges on several factors, including how much you lost overall and the exact circumstances of the accident. Ultimately, though, your wrongful death settlement will depend on how strong of a case you can compile and present, as well as how effectively you can negotiate. Typically, the best way to maximize your case is to hire a solid legal representative to advocate for you.

Why Hiring the Right Lawyer is Important

Hiring the right wrongful death attorneys to represent your claim is critical. Without the help of a lawyer, you’ll be left to handle everything on your own, including securing the right evidence, litigating liability issues, negotiating with the other party, and filing all the right paperwork. A lawyer without the right experience could leave you with an unsatisfactory settlement award, and you won’t get another opportunity to seek out justice.

Here at Kermani LLP, our compassionate and caring attorneys know how sensitive your situation is right now, and we want to help you ensure you get what you need to recover financially.

Reach out now to schedule a free case evaluation with us where we can discuss your situation in more detail and determine your best path forward.