The Different Losses and Damages Included in a Wrongful Death Settlement

The loss of a loved one as a result of another person's negligence is a heartbreaking experience. In such situations, families can pursue compensation through a wrongful death claim. These settlements are intended to offer financial compensation to surviving family members by compensating for different losses and damages. Knowing what is covered in a wrongful death settlement can assist families in understanding the legal process and ensuring they receive adequate compensation.

Understanding Wrongful Death Settlements

A wrongful death settlement is monetary compensation paid to the surviving relatives of a deceased individual whose death was caused by another party's negligence or misconduct. Such settlements are intended to compensate both economic and non-economic losses incurred by the family.

One of the most frequently asked questions by families is, what is the average wrongful death settlement? The amount depends on the circumstances surrounding the case, the severity of financial losses, and the emotional toll on the survivors.

Types of Damages in a Wrongful Death Settlement

A wrongful death settlement usually consists of three types of damages. These can be divided into economic, non-economic, and punitive damages based on the type of case.

Economic Damages

Economic damages reimburse people for concrete monetary losses that arise due to the wrongful death. The damages may encompass:

• Medical Expenses: Reimburses the expense of medical procedures the deceased underwent prior to their death as a result of the accident or negligence.
• Funeral and Burial Expenses: The families are typically reimbursed for funeral expenses including cremation, or burial.
• Loss of Wage Support: In the case of the primary wage earner, the payment covers lost income and future earnings that could have been used to support the family.
• Loss of Benefits: Members of the deceased's family could be paid for lost health insurance, pension benefits, or other job-related benefits that were provided by the job of the deceased.
• Property Damage: If the wrongful death was caused by an accident that damaged property (like a car accident), those losses may also be covered.

Non-Economic Damages

Non-economic damages cover the emotional and psychological effects of losing a loved one. These damages tend to be subjective and may be harder to quantify. Typical non-economic damages are:

• Pain and Suffering: Awards for the emotional distress suffered by the surviving relatives as a result of the loss.
• Loss of Companionship: Children and spouses can be awarded damages for the deprivation of love, guidance, and emotional support.
• Loss of Parental Guidance: Children who have lost a parent can be compensated for the emotional and developmental consequences of having grown up without their guidance and care.

Punitive Damages

In certain situations, courts can issue punitive damages in the event the at-fault party's behavior was extremely negligent or intentional. Punitive damages are meant to punish the offending party and keep the same actions from occurring again in the future. Punitive damages aren't always granted and are solely based on case-specific conditions.

Factors That Impact the Settlement Award

The wrongful death settlement award amount varies a great deal according to various determinants such as:

• The Age and Earning Capacity of the Deceased: Younger people with greater earning capacity tend to have higher settlements.
• The Circumstances of Death: Gross negligence or deliberate injury cases tend to lead to higher settlements.
• The Relationship Between the Deceased and Claimants: Spouses, children, and dependent relatives tend to get higher compensation.
• The Jurisdiction: States vary in their laws that affect how wrongful death settlements are determined and awarded.

Legal Considerations in Wrongful Death Cases

Filing a wrongful death lawsuit involves several legal steps. Families must prove that the responsible party’s negligence or misconduct directly caused the death and that financial and emotional losses resulted from the incident. Each state has its own statute of limitations, which sets a deadline for filing a wrongful death claim.

For further information regarding wrongful death claims and legal processes, you may refer to publications like the American Bar Association and the National Institute of Justice.