Maximizing Your Wrongful Death Settlement: What You Need to Know

The unexpected loss of a loved one is a profoundly painful experience. When that loss is caused by someone else’s negligence or wrongful actions, the emotional burden is compounded by the potential for financial hardship. In these circumstances, a wrongful death claim can provide a path to justice and financial security for the surviving family members. While no amount of money can ever replace a loved one, understanding how to maximize your wrongful death settlement is crucial to ensuring your family’s future well-being.

In 2019, average wrongful death settlements ranged from $500,000 to $150,000,000 in the US. This demonstrates the potentially significant financial recovery available to families who have lost a loved one due to negligence.

Understanding Wrongful Death Claims

A wrongful death claim is a civil lawsuit brought by the survivors of a deceased person against the party responsible for their death. These claims seek to hold the responsible party accountable and provide financial compensation for the losses suffered by the survivors. Wrongful death can result from various circumstances, including:

Car accidents
Medical malpractice
Workplace accidents
Defective products
Nursing home abuse
Criminal acts

Key Elements of a Wrongful Death Claim

To have a successful wrongful death claim, you must be able to prove the following:

Negligence or Intentional Act: The liable party acted negligently or intentionally committed a wrongful act.
Causation: The actions of the liable party were the direct cause of the death.
Damages: The death has caused actual damages to the surviving family members.

Who Can File a Wrongful Death Claim?

Each state has its own laws regarding who is eligible to file a wrongful death lawsuit. Typically, the right to file belongs to immediate family members, such as:

Spouse of the deceased
Children of the deceased (both minors and adults)
Parents of a deceased minor child

Some states allow extended family members, such as siblings, grandparents, or domestic partners, to file a wrongful death lawsuit.

Types of Damages Available in a Wrongful Death Claim

To maximize compensation in a wrongful death case, it’s crucial to understand the different types of damages that can be awarded. Damages in wrongful death cases can be categorized into economic and non-economic damages.

Economic Damages: These are quantifiable financial losses incurred as a result of the wrongful death. They may include:
- Medical expenses for treatment provided before death
- Funeral and burial costs
- The deceased’s expected future earnings and benefits
- The value of services the deceased provided, such as childcare and housekeeping
- Loss of inheritance
Non-Economic Damages: These compensate for the intangible losses suffered by the survivors. They may include:
- Emotional loss of companionship, love, and affection
- Loss of the deceased’s guidance and support
- Pain and suffering
- Mental anguish of survivors
Punitive Damages: In some cases, punitive damages may be awarded to punish the defendant for particularly egregious conduct.

Steps to Maximize Your Wrongful Death Settlement

Hire an Experienced Wrongful Death Attorney: The first and most crucial step in maximizing compensation is to hire an experienced wrongful death attorney. A skilled attorney will have in-depth knowledge of the relevant laws, processes, and strategies needed to build a strong case. Look for a lawyer with a proven track record of success in similar cases.
Investigate the Cause of Death Thoroughly: The foundation of any wrongful death claim is a comprehensive investigation into the cause of the death. Gather all relevant evidence related to the death, which can then be used to add credibility to your claim that the death was wrongful. Evidence may include:
- Police reports
- Medical records
- Witness statements
- Accident reconstruction specialist reports
Gather and Preserve Evidence Early: Evidence is the cornerstone of any wrongful death lawsuit. To build a strong case, you’ll need to gather and preserve evidence as soon as possible after the incident. The longer you wait, the more difficult it may be to collect critical information.
Document All Financial Losses: Thoroughly documenting all financial losses resulting from the wrongful death is crucial for maximizing economic damages. Gather past tax returns, pay stubs, W-2s, and other paperwork showing their wages and employment benefits. Calculate the present value of any retirement plans or accounts they contributed to. Describe any other monetary or in-kind support they consistently provided, such as helping pay bills, mortgages, or educational costs.
Assess Non-Economic Losses: Non-economic losses can be challenging to quantify, but they are a critical component of wrongful death compensation. Keep a journal recording your grief journey, struggles to adjust, and pain from their absence at important events like birthdays or holidays. Engage with family members about their feelings and experiences regarding the wrongful death of their loved one to provide valuable insights into the emotional impact of the loss.
Avoid Quick Settlements: Insurance companies and defendants may offer quick settlements to resolve the case swiftly and minimize their financial liability. An initial settlement offer may not cover the full extent of your financial losses and emotional suffering. Before accepting any settlement, consult with your attorney to ensure the offer is fair and reflects the true value of your claim.
Be Prepared for Trial: Wrongful death lawsuits can be lengthy and complex. While it’s natural to want quick closure, rushing the process may result in a lower payout. Be prepared for negotiations, discovery, and possibly a trial, all of which can take time.

Calculating a Wrongful Death Settlement

There is no specific formula for calculating wrongful death settlements, as each case is unique and the damages awarded can depend on various factors. However, prior cases help determine an average wrongful death settlement for various types of cases. To calculate compensation, the attorneys will total associated economic and non-economic damages. Expert testimony from various professionals, such as economists, medical professionals, and vocational experts, may also be utilized to help determine the value of the damages suffered by the surviving family members in a specific circumstance.

Several factors can affect the amount of a wrongful death settlement, as these cases are complex and unique, such as the following:

The age of surviving dependents
The age of the deceased person
The role they played in supporting their dependents
The circumstances of the death
The financial impact on the family
The degree of negligence involved
State-specific laws governing wrongful death cases

The Importance of Legal Representation

Navigating the complexities of a wrongful death claim can be overwhelming, especially while grieving the loss of a loved one. An experienced wrongful death attorney can provide invaluable assistance by:

Investigating the circumstances of the death
Identifying all potentially liable parties
Gathering and preserving evidence
Calculating the full extent of your damages
Negotiating with insurance companies
Representing you in court, if necessary

By entrusting your case to a skilled attorney, you can focus on healing and rebuilding your life while ensuring that your family’s legal rights are protected and that you receive the maximum compensation you deserve.

Losing a loved one is an incredibly difficult experience, and the legal process that follows can seem daunting. However, by understanding your rights, taking the necessary steps to build a strong case, and seeking the guidance of an experienced attorney, you can maximize your wrongful death settlement and secure a more stable future for your family.