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How Are Wrongful Death Settlements Calculated?
Wrongful death settlements are calculated by adding financial losses like lost income, medical bills, and funeral costs with non-economic losses such as emotional pain and loss of companionship. The final amount depends on the person’s age, income, dependents, and state laws. Learn more about our wrongful death attorneys in Washington.
This guide covers how wrongful death settlements are calculated in detail. Click below to jump right in:
- How Are Wrongful Death Settlements Calculated?
- Economic Damages: What the Family Lost Financially
- Non-Economic Damages: The Loss You Can’t Measure with Money
- Survival Actions: Pain and Suffering Before Death
- Factors That Affect the Final Wrongful Death Settlement
Read on to learn these and more.
How Are Wrongful Death Settlements Calculated?
Wrongful death settlements are calculated by adding up the financial losses and emotional damages caused by a person’s death. This includes lost income, funeral costs, unpaid medical bills, and the loss of love, care, and companionship the deceased would have provided. Each case is different, and the total amount depends on the person’s age, health, income, and how much their death affected their family.
Calculating a wrongful death settlement involves more than just numbers. Courts and insurance companies use evidence, expert reports, and state laws to decide what’s fair.
Economic Damages: What the Family Lost Financially
Economic damages are the measurable losses caused by the death. These are calculated using clear records and expert estimates. They often include:
a. Lost Future Income
If the person was working or expected to earn money, the family can claim what they would have made. This is based on age, life expectancy, current job and future career path, work history, skills, and education. They also consider wages, bonuses, promotions, inflation, and earning potential.
Example: If a 35-year-old father earning $50,000 a year dies, and he was expected to work until 65, the settlement may include 30 years of income (adjusted for taxes, raises, and inflation).
b. Lost Benefits
The claim can include the value of health insurance, retirement savings, pensions, and social security contributions the person would have provided.
c. Medical Expenses Before Death
All medical bills caused by the injury or mistake leading to death can be added. They may include emergency room visits, Intensive Care Unit, surgery or medication, and life-support treatments.
d. Funeral and Burial Costs
Reasonable funeral and burial costs are part of the settlement. These must be proven with receipts or invoices.
Non-Economic Damages: The Loss You Can’t Measure with Money
These damages cover the emotional and personal impact of the death. Although there is no clear price tag, they are a key part of most claims.
a. Loss of Companionship and Support
Courts consider how the death affects family life. For example, a child loses a parent’s guidance and care. A spouse loses a partner’s love and support. Elderly parents lose help from an adult child.
b. Grief and Mental Anguish
Surviving family members may suffer depression, anxiety, or long-term grief. In many states, emotional suffering is part of the claim for close dependents.
c. Loss of Services
This covers unpaid work the person did for the family, like childcare, house repairs, or caregiving. An economist may help estimate the value of these services.
Survival Actions: Pain and Suffering Before Death
In addition to wrongful death, some states allow a survival action. This is a separate claim for what the deceased experienced before they passed away. For example, physical pain, emotional fear or suffering, and time spent hospitalized.
The settlement from a survival action goes to the estate and is later passed to heirs or named beneficiaries.
Factors That Affect the Final Wrongful Death Settlement
Wrongful death settlements depend on many personal, legal, and financial details. Below, we explain how each factor influences the final value of a case.
- Age and Health of the Deceased
Younger and healthier people usually lead to higher settlements. This is because they likely had more working years ahead and would have earned more money over time. The settlement might be lower if the person was older or had serious health problems since their expected future income and life support were limited.
Example: A 30-year-old mother in good health might have 35+ working years left, while a 75-year-old retiree may not have earned more income.
- Income Level and Career Path
The higher the person’s income, the more financial loss the family faces. Courts and insurance companies look at the person’s current salary, promotions they were likely to get, job benefits like healthcare and retirement, their education, and career growth potential.
Example: A doctor or engineer may be entitled to a higher claim than someone working part-time at minimum wage based purely on future income potential.
- Number of Dependents (Spouse, Children, etc.)
The more people rely on the person financially or emotionally, the greater the potential loss. Spouses, children, and aging parents may all be affected.
Settlements may cover lost financial support, lost guidance and care, and lost household services (like cooking, childcare, or driving).
Example: A single parent with two young children often results in a higher settlement than someone with no dependents.
- State Laws on Damage Caps or Limits
Some states place legal limits on how much money you can receive, especially for non-economic damages like pain and suffering.
These limits don’t reduce the actual loss but limit the amount of money that can legally be paid. Caps often apply only to medical malpractice cases, but each state has different rules.
- Strength of the Evidence and Expert Reports
To win a larger settlement, you need clear proof that the hospital or person caused the death. You also need expert support to explain what went wrong, how it caused death, and what the person’s future looked like.
Medical and financial experts are key to proving the value of the claim. Weak or missing evidence can lower your chances of a fair settlement or cause the case to be dismissed. An experienced wrongful death attorney can guide you on the reports you need.
- Whether the Case Settles or Goes to Trial
Most wrongful death claims settle before trial. Settlements are faster, more private, and avoid risk. However, trial verdicts can result in higher payouts, especially if a jury is sympathetic.
Settlements tend to be lower, but they are guaranteed. Trials can lead to higher awards but take longer and carry risks. Some families prefer settling quickly, while others fight for more.
Going to trial also increases legal fees and emotional stress for the family.
FAQs
What is the average wrongful death settlement in the US?
The average wrongful death settlement in the US ranges from $500,000 to over $1 million, depending on the case. Settlements are calculated based on the person’s age, income, dependents, and how the death affected the family.
What is the cap on wrongful death?
The cap on wrongful death depends on state law. Some states limit non-economic damages (like pain and suffering), especially in medical malpractice cases. For example, California caps non-economic damages at $500,000 in medical wrongful death cases (as of 2023).
Is money won in a wrongful death lawsuit taxable?
Most of the money from a wrongful death lawsuit is not taxable. According to the IRS, compensation for physical injury or death is tax-free, but interest or punitive damages may be taxed.
What are general damages for wrongful death?
General damages for wrongful death include non-economic losses like pain, suffering, emotional distress, loss of companionship, and loss of care. These damages cover the impact on family members’ daily lives, not financial losses.
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