Wrongful Death

Wrongful Death2018-09-05T10:51:21+00:00

Learn important information about wrongful death lawsuits, including average car accident settlement amounts and much more

If you have lost a loved one in a car accident or other accident that was caused by someone else, you are facing a devastating personal and financial loss. People in your situation may choose to file a wrongful death lawsuit to recover financial damages from the negligent party.

This article contains details about wrongful death lawsuits and settlements to provide you with the information needed to decide if filing a lawsuit is an option for you.

Wrongful Death Lawsuit Overview

A wrongful death lawsuit is a personal injury liability action that sues for money damages from the party or entity whose negligence led to the death of another person. A wrongful death claim can be made against any person or company that was negligent and caused a death, including car drivers, medical professionals and businesses. Calculating the amount of damages for a wrongful death lawsuit car accident is a complex process that requires the expertise of personal injury attorneys, financial professionals and economists.

If a wrongful death action is decided by an insurance settlement, the average settlement amount varies a great deal. Cases that go to trial can either result in a dismissal or damages in various amounts. It is critical to have your wrongful death case examined carefully by a qualified attorney to determine if it is better to settle or to go to trial. This largely comes down to determining negligence. If the other party clearly was negligent, it may be beneficial to go to trial; if, however negligence is not easy to prove, settling could be preferable.

Who May Sue for Wrongful Death

A wrongful death lawsuit must be filed by the representative of any survivors who have suffered financial damages form the loss. These people are known in legal terms as ‘real parties in interest.’ This representative normally is the executor of the estate of the deceased. Who the ‘real parties in interest’ are will depend upon the state. The most common people who can bring a wrongful death lawsuit are:

  • Immediate members of the family, such as spouses, children and unmarried children.
  • Life partners, putative spouses and financial dependents. This category includes any people who were financially dependent upon the person. A putative spouse is a person who had a strong, good faith belief that they were married to the person.
  • Distant family may be allowed in some states, such as brothers, sisters or grandparents.
  • All who are suffering financially. Some jurisdictions will let all people who are suffering financially to sue, even if they are not directly related by marriage or blood.
  • Parents of the fetus that is deceased. Some jurisdictions allow the beneficiaries to sue based upon the wrongful death of a fetus.

Check with your personal injury attorney to determine who can file suit in your state.

Who Can Be Sued For Wrongful Death?

A wrongful death action may be filed against various people, companies, government entities and company employees. For instance, in a car accident with a poorly paved and marked road and a drunk driver, it is possible for a lawsuit to be filed against the following parties:

  • The drunk driver who was driving the vehicle that caused the fatal accident
  • The builder, designer or contractor who was responsible for creating the road and/or maintaining it
  • The manufacturer or distributor of part of the vehicle that failed and led to the death
  • A person or business that sold or gave alcohol to the drunk person who caused the accident
  • The owner of the business where the drinks were served to the driver

It is possible that a certain person or government agency could be immune from a legal action for wrongful death. This would mean that damages cannot be recovered from these individuals or entities. Who may get immunity will vary by jurisdiction. In some states, a government agency or employees of that agency may not be able to be sued for wrongful death.

Common Wrongful Death Scenarios

Wrongful death lawsuits frequently arise when there is clear evidence that the death would not have happened if the other person had not engaged in misconduct or negligence. If the other party was clearly at fault, a wrongful death lawsuit will probably succeed. Wrongful death actions are often filed against drivers who did not follow traffic laws and cause serious accidents. These actions are very common against drunk drivers. Also, medical professionals who improperly perform their medical duties and fail to exercise due car can also face a wrongful death lawsuit.

How Much is Your Injury Claim Worth?

Wrongful Death Settlement Factors

How do you put a monetary value on the life of a human being? This is difficult, but there are several factors that are considered to arrive at a rough settlement figure:

  • How old the deceased was: A younger person would typically see a higher settlement amount because of their longer expected life.
  • The earning capacity of the deceased: A person who was an attorney earning $200,000 per year may see a higher settlement amount than a truck driver earning $45,000 per year.
  • The health of the deceased: A person in good health would be expected to live longer than a person with cancer.
  • The income of the person at their time of death.
  • Age and circumstances of dependents: A person who has left behind young children could realize a larger settlement than a single person with no dependents.
  • Education and training of the deceased: Higher trained and paid professionals usually see higher wrongful death settlements than a person with only a high school education.
  • Medical bills incurred
  • Funeral costs
  • Value of the deceased’s lost benefits, such as health insurance or pension.

The damages you have incurred cannot just be a rough guess. To succeed in a wrongful death accident settlement, the damages must be supported by strong evidence. Your personal injury attorney will have access to economists and financial professionals who can look at the situation and help to determine an appropriate settlement amount.

Wrongful death settlements in car accidents and other accidents are usually paid out by insurance companies who gave liability coverage to the entity or person who was negligent. It is important to remember that insurance policies nearly always have a limit to what they will pay out.

Even if you win a verdict or settlement for $1 million, you only would collect up to the limit of the policy in effect. If the person or entity does not have enough insurance coverage, they are personally responsible for any settlement or judgement amount. However, collecting the remaining amount can be difficult when the defendant has few assets.

Wrongful Death Average Settlements

Most wrongful death settlements go to the spouse or family of the person who died. One of the biggest factors is to determine how much the person was adding to the household financially at their time of death. Another major factor in the size of the award is the degree of negligence. This can drastically affect the amount of the settlement or verdict, especially when the negligence is found to be by a company as well as a person.

Below are some recent wrongful death settlement amounts that have been published in various parts of the country. There is a wide disparity in these settlements and judgements based upon individual case factors, so talk to your wrongful death attorney regarding your case.

  • $150 million jury award: For a 13-year-old female who saw her entire family killed in a terrible car accident. The accident was caused by a truck driver. The family was burned alive, so the child’s pain and suffering were extreme.
  • $950,000 settlement in California for the parents of a teenaged girl who killed herself after being bullied.
  • $500,000 settlement in Massachusetts for a man who was shot by the police.
  • $32.3 million verdict against a motorist who drove through a store and killed a worker.
  • $1.4 million settlement for a man who was killed by a speeding bus.
  • $1.9 million settlement for medical negligence.

Wrongful Death Settlement Summary

Any person who has suffered the loss of a loved one to a possibly negligent driver or other negligent party should have their case reviewed by an experienced wrongful death attorney. This attorney can review the case and give you an idea of the type of damages you may expect. Most wrongful death attorneys will have familiarity with cases that resemble yours for your geographic area. The attorney also will be able to help you with the negotiation process. It is common for the non-legal person to be bullied by insurance companies into accepting a small settlement, but you could be entitled to much more.

Of course, no attorney can guarantee a given settlement or verdict amount, but the chances of recovering sizable damages increases with a good attorney in your corner. Even though the attorney will charge a contingency fee of up to 1/3 of the settlement amount, most people who retain wrongful death attorneys usually are far better off in the end than those who do not seek legal representation.

How Much is Your Injury Claim Worth?

Frequently Asked Questions: 

How much money can you get from a car accident wrongful death suit?

What exactly falls under the category for wrongful death by auto accident? A fatal collision from somebody whose carelessness caused another’s passing. Wrongful death claims are intended to repay those relatives whom the victim has left behind after the deadly mishap. Before you come up with a number of how much you think you should receive, you must understand the various factors that go into figuring out a value.

Type of wrongful death suit- There are many different types of wrongful death suits. Some results of wrongful death include negligent driving, workplace error, murder, medical malpractice and pharmaceutical negligence.

Car accident wrongful death suit- In the case of a wrongful death suit involving a car accident, many different variables are accounted for when determining how much the family of the victim is owed. No amount of money will atone the loss of a loved one however; the compensation owed in a wrongful death lawsuit begins with deciding how much will the loved ones suffer economically. Other factors which help determine how much you may receive include:

  • Medical expenses
  • Funeral expenses
  • The income in which the deceased was receiving at the time of death
  • The loss of benefits
  • The heath in which the deceased was in
  • The age of the deceased person
  • The family’s loss of love and pain felt before death

The following are some wrongful demise settlement sums that have been published in various parts of the nation:

  • 22-year-old single male was killed in a motorcycle accident awarded $3 Million to his family leaving behind his parents and 2 brothers.
  • 17-year-old male killed in a two-car collision awarded $215,000
  • Family of three struck by another car while 11-year-old daughter witnessed from the back seat. The mother passed leaving behind a husband and three children awarded $816,000
  • Death of a pedestrian woman awarded $1,150,000 against well-known trucking company
  • Death of a 6-year-old girl awarded $1 million due to the negligence of a tractor-trailer truck driver

How long does it take to settle wrongful death car accident claims?

Every wrongful death car accident lawsuit is particular with many different variables to examine. Some cases settle relatively quickly while others may take up to 1-4 years to conclude.

Variables that determine the timeframe in which wrongful death car accident claims get resolved:

  • Timeframe in which the investigation concludes
  • The participation of the insurance agency in a timely manner
  • Amount of insurance coverage
  • Determining how valuable the life of the deceased is

Is a wrongful death car accident settlement taxable?

Most of the time, yet not every case, wrongful death car accident settlements are not taxable. As indicated by the IRS any lawsuit settlement granted for compensatory reasons are non-taxable including wrongful death settlements. Essentially, any costs identified with your perished loved ones initial injury and endeavors at recuperation are non-taxable.

When is a wrongful death settlement not taxable? (Compensatory damages)

  • Pain and suffering from injury to death
  • Medical expenses
  • Funeral costs
  • Mental anguish

When IS a wrongful death settlement taxable? (Punitive damages)

  • Loss of wages
  • Loss of future income/benefits
  • Emotional distress
  • Settlement interest

How long after a car accident do you have to sue for wrongful death?

Wrongful death cases are brought against an offender who has caused somebody’s demise either negligently or through deliberate damage. Every claim that is to be made has an expiration date known as the statute of limitations except for murder. So, would the case be the same for car accident wrongful death claims? While wrongful death cases do have statutes of limitations, there are special contemplation with regards to applying timeframes to wrongful death claims.  Each state has it’s own rules and regulations regarding statute of limitations however; the general timeframe given is 1-3 years to file a claim from the time of death.

Can a family member bring a wrongful death suit after an auto accident leads to the death of a loved one?

Wrongful death suits are considered a personal injury claim, however, it is a special kind of personal injury claim. A claim can be made when a person has been involved in a fatal accident due to the carelessness or purposeful act of another. If a family member has been killed in an auto accident as the result of negligence of another party, the family has legal options. Once investigations have concluded and the collision has been deemed a wrongful death, the victims’ surviving inheritors may file a claim. A wrongful death in an auto accident can occur for an assortment of reasons, for example:

  • Driving under the influence
  • Fatigue
  • Distracted driving/ texting
  • Speeding
  • Faulty street conditions
  • Auto malfunctions

At the point when somebody’s actions prompt a loved ones demise, regardless of weather it was accidental or intentional, the perished loved ones and family may be entitled to benefits as a result of the wrongful death.

Does car insurance cover wrongful death?

If the deceased family wishes to purse a claim, they must prove that the death was indeed a result of negligence, then the claim may be covered by your auto liability insurance. Liability as well as property damage coverage is significant to have in order to cover any damage you may cause to other drivers on the road. A wrongful death claim is dealt with comparatively to a personal injury claim. However, since casualty claims are severe and typically result in an extreme amount of compensation, insurance agencies attempt to protect themselves ad deny any responsibility. This is why it is in your best interest to consult with a personal injury attorney to ensure you receive what you are owed.

How is the division of compensation calculated after a wrongful death car accident settlement?

Losing a loved one due to negligence of another in a collision may seem impossible to recover from. The devastating process of grieving is painful and consuming, on top of managing a financially secure future for your family. While, it is a difficult time to go through, family members are capable of filing a claim against the responsible party involved and receive compensation for their loss. If you wish to pursue a wrongful death lawsuit, it is in your best interest to hire an experienced personal injury attorney who can help you make informed decisions as well as receive the most compensation possible for all damages. The different types of damages the family of a wrongful death lawsuit may be compensated for include:

  • Funeral expenses
  • Loss of financial support
  • Loss of benefits
  • Medical expenses
  • Loss of love, care, comfort and affection
  • Loss of inheritance
  • Companionship
  • Mental agony, pain and suffering

Who gets the money in a wrongful death lawsuit?

Benefits of a wrongful death lawsuit are granted to a few select individuals, generally the beneficiaries of the deceased. If there are no surviving relatives, the benefits will be handed down to the individuals in the next class. However, when there are no remaining individuals in the following class, there will be no wrongful death lawsuit to file. So who gets the money if it is possible to file a wrongful death claim? The classes are categorized in such manner:

  • Immediate family members (childen, spouse, parents)
  • Distant family members (grandparents, siblings)
  • Domestic partners
  • Any financial dependents
  • Anyone who has suffered financially due to the demise.