What is the Average Payout in a Wrongful Death Suit?

What is the Average Payout in a Wrongful Death Suit?

Losing a loved one is an unimaginable tragedy, especially when the death is caused by someone else’s negligence or intentional actions. During such a difficult time, the idea of filing a wrongful death claim may seem overwhelming or even insensitive. However, a wrongful death settlement can provide significant benefits for the grieving family, offering not only financial support but also a sense of justice and closure. Family may wonder, what is the average payout in a wrongful death suit?

While no amount of money can ever replace a loved one, pursuing a wrongful death claim can help ease the financial burdens that often accompany an unexpected loss, including funeral expenses, lost income, and medical bills. A successful wrongful death suit also serves to hold the responsible party accountable, which can help prevent similar tragedies from happening to others. In many cases, families find that taking legal action becomes part of the healing process because it allows them to honor their loved one’s memory by seeking justice on their behalf.

Top 4 Myths about Wrongful Death Claims

As wrongful death lawyers, these are the top four myths about wrongful death claims that we would like to dispel:  

1. Only the spouse or child of the deceased can bring a wrongful death action

It is “common knowledge” that only a spouse or child of the deceased can bring a wrongful death action and yet, it is not true. In some situations, parents, siblings and even someone who had a proven financial dependence on the decedent can make a claim. As outlined in Washington State’s general wrongful death statute, the deceased person’s spouse, registered domestic partner, and children are given priority to file a wrongful death claim. If the decedent didn’t have a spouse, registered domestic partner, or any children, then parents or siblings may recover through the personal representative of the deceased.

2. I can’t file a wrongful death claim if it was caused by an accident

When it comes to wrongful death claims, “intent” doesn’t dictate the right to file a claim; whether the death occurred because of an accident or an intentional act, you have a right to file a wrongful death claim. In fact, the most common type of wrongful death claim arises from car accidents where the driver crashed into your loved one unintentionally. The ability to bring a successful claim rests on whether there is sufficient evidence for the wrongful death lawyer to make the case that the defendant’s negligence or wrongdoing was the cause of the death.

3. We had life insurance so I don’t need to file a wrongful death claim

People invest in life insurance to prepare financially for the unexpected loss of their partner; specifically, to protect their own and their children’s financial security. But each life insurance plan comes with fine print and insurance companies are notorious for trying to get out of payouts. Even when a payout is granted, it may not be enough to cover all losses such as lost future income. In these situations, the life insurance payout can be helpful alongside a wrongful death settlement, including wrongful death nursing home settlements. Speak to a wrongful death attorney before agreeing to any insurance settlement.

4. I can’t afford to file a wrongful death lawsuit

It is a myth that clients need to pay up front or out-of-pocket for wrongful death claims. If you need help with a wrongful death claim, do not worry about paying large sums of money out-of-pocket. The law firm advances many out-of-pocket costs for wrongful death clients. When cases are concluded with a monetary recovery, the firm is repaid for the out-of-pocket costs they have advanced from the proceeds of a settlement or judge or jury verdict.

How Families Can Benefit from Filing a Wrongful Death Claim

When a loved one’s life is cut short due to someone else’s negligence or wrongdoing, the emotional devastation can be overwhelming. In the midst of their grief, families are often left with unexpected financial burdens and many unanswered questions. While some may find it difficult to even consider legal action during such a painful time, filing a wrongful death claim can provide both practical and emotional benefits. Families can gain financial stability, a sense of justice, and long-term closure by pursuing a wrongful death claim. Here are several ways that filing a wrongful death claim can benefit a family:

1.Financial Compensation for Economic Losses

One of the most immediate and tangible benefits of a wrongful death claim is the financial compensation for the economic losses incurred due to the death of a loved one. This can include:

• Lost wages. If the family depended on the deceased person’s income, especially if they were the primary earner, the loss of income can dramatically affect the family’s financial stability. Compensation can cover the loss of future earnings.
• Medical expenses. Costs for medical treatment prior to death can be substantial. A wrongful death claim can help recover these expenses.
• Funeral and burial costs. Funeral expenses can be a significant financial burden. Compensation can alleviate this unexpected cost.

2. Compensation for Non-Economic Damages

Beyond the measurable economic losses, families can also seek compensation for non-economic damages, which, although harder to quantify, are equally important. These can include:

• Pain and suffering. The emotional pain and suffering experienced by the family members as well as the physical pain and mental anguish experienced by the deceased person before they passed.
• Loss of companionship. The loss of love, companionship, and guidance from the deceased.
• Loss of consortium. The loss of spousal companionship and the impact on the marital relationship.

3. Holding the Responsible Party Accountable

Filing a wrongful death claim is a way to hold the responsible party accountable for their actions. This accountability can serve as a form of justice for the family, ensuring that the negligent or intentional behavior is recognized and addressed. It can also serve as a deterrent, potentially preventing similar incidents from occurring in the future.

4. Providing a Sense of Closure

The legal process of a wrongful death claim can provide a sense of closure for the grieving family. It allows them to understand the circumstances surrounding their loved one’s death and to see that there is a formal recognition of the wrong that was done. This can be a crucial part of the healing process.

5. Financial Security for the Future

The compensation received from a wrongful death claim can help secure the family’s financial future. It can provide the means to cover ongoing expenses, such as mortgage payments, education costs for children, and other essential living expenses. This financial security can be a crucial step in rebuilding their lives after such a devastating loss.

6. Access to Professional Support

Engaging in a wrongful death claim often involves working with experienced attorneys who can provide valuable support and guidance. These professionals can navigate the complexities of the legal system, handle negotiations with insurance companies, and ensure that the family’s rights are protected throughout the process. This support can alleviate some of the burdens from the family during an already difficult time.

While no amount of money can ever replace a lost loved one, filing a wrongful death claim can offer significant benefits to the grieving family. If your family is facing this type of tragic loss, consulting with a knowledgeable wrongful death attorney can be an important step in securing the support and compensation you deserve, allowing you to focus on healing and honoring the memory of your loved one.

Who May Bring a Wrongful Death Claim?

A personal representative of the estate may bring a claim. As outlined in Washington State’s RCW 4.20.020, the deceased person’s spouse, registered domestic partner, and children are given priority to file a wrongful death claim. If the decedent didn’t have a spouse, registered domestic partner or any children, then parents or siblings may recover through the personal representative of the deceased.

The process can be complex, so it’s best for anyone who is interested in filing a wrongful death claim to consult with a knowledgeable wrongful death attorney who can help ensure that the claim is filed correctly and within the legal time frame. Working with an experienced wrongful death lawyer provides the best chance for a favorable outcome for the grieving family.

What is a Wrongful Death Settlement?

Wrongful death settlements are a sum of money obtained through a wrongful death claim to compensate the family of a deceased individual. It is the resolution of a civil complaint that a representative of the decedent’s estate brings on behalf of a person who is the victim of a fatal personal injury. These settlements are typically negotiated out of court between the defendant (or their insurance company) and the plaintiff, though they may also result from a court verdict if the case goes to trial.

The compensation awarded in a wrongful death settlement can cover a wide range of damages, including funeral and burial costs, lost income and benefits the deceased would have provided, medical expenses related to the final injury or illness, and loss of companionship, guidance, and emotional support. Each case is unique, and the settlement amount will vary depending on factors such as the deceased’s age, earning potential, and the circumstances of the death. Ultimately, a wrongful death settlement aims to ease the financial strain on surviving family members and provide a measure of justice for their loss.

What is the Average Payout in a Wrongful Death Suit?

Although no amount of money can ever really compensate a family for the loss of their loved one, wrongful death settlement amounts should reflect the tragic loss to the loved one’s family. As far as the average amount, it is important to understand that settlements vary widely depending on the circumstances of each case. In some ways there is no such thing as a typical wrongful death settlement because each wrongful death case has its own, unique characteristics and the laws that apply to your case will impact the amount of compensation you can receive. While each case is different, most wrongful death settlements range from $500,000 to 10 million.

*Before spending your settlement, it is important to know are wrongful death settlements taxable? Speak to your wrongful death attorney and your tax accountant.

What Types of Damages Can Be Recovered in a Wrongful Death Claim?

Like other types of personal injury settlements, wrongful death settlements cover both economic (financial) and non-economic (non-financial) damages. Your wrongful death attorney will determine which damages apply to your case and place a value on each to calculate the total value of your claim.

Recoverable damages include:

• Pain and suffering
• Medical bills
• Burial expenses
• Loss of companionship
• Future lost wages and financial support that would have been provided by the deceased person
• Lost household services that would have been provided by the deceased person

Factors that will be considered before reaching a settlement amount:

• The age and health of the deceased person
• The income and future earnings of the deceased person
• The needs of the surviving dependents

5 Most Common Causes of Wrongful Death Claims

The most common types of wrongful death claims include cases where negligence, recklessness, or intentional harm led to a fatal outcome. These claims often arise from situations such as car accidents caused by distracted or impaired drivers, medical malpractice resulting from surgical errors or misdiagnoses, dangerous properties, and defective products that pose serious safety risks. In some cases, wrongful death claims may also stem from criminal acts like assault or homicide. In these situations, a civil case is often pursued alongside or after a criminal trial. Here is a breakdown of the top five most common causes of wrongful death claims.

1. 1. Automobile Accidents
      Car, truck, and motorcycle accidents are the number one cause of wrongful death claims in the U.S. The behaviors that most often lead to wrongful death claims are reckless driving, drunk driving, distracted, and aggressive driving. These accidents can result in catastrophic injuries, and when a life is lost, the victim’s family may pursue compensation for their emotional and financial losses. In many cases, the at-fault driver’s insurance company becomes involved in negotiating a settlement or defending the claim in court.
   2. Medical Malpractice
      A medical malpractice claim for wrongful death occurs when a healthcare professional’s negligent actions or failure to provide proper care leads to a patient’s death. Examples include surgical errors, misdiagnosis, medication errors, or failure to diagnose a serious condition. Families often pursue these claims not only for compensation but also to hold medical providers accountable and potentially prevent similar errors from occurring in the future. These cases can be complex and often require expert testimony and a thorough review of medical records.
   3. Workplace Accidents
      Fatal accidents in the workplace can lead to wrongful death claims, especially in industries such as construction, manufacturing, or transportation. These accidents may result from unsafe working conditions, lack of proper training, or failure to follow safety protocols. In some cases, families may be entitled to workers’ compensation death benefits, but they may also have grounds for a separate wrongful death claim if a third party’s negligence contributed to the fatal incident. Employers and site managers have a legal duty to provide a safe work environment, and failing to do so can result in liability.
   4. Defective Products
      If a defective product causes someone’s death, such as a faulty vehicle part, defective medical device, or hazardous consumer product, the manufacturer, distributor, or seller may be held liable for wrongful death. These claims fall under product liability law and often require proving that the product was unreasonably dangerous and directly led to the fatal injury. Recalls or prior complaints about the product can strengthen a case, and successful claims often push manufacturers to improve product safety standards.
   5. Premises Liability
      Property owners have a duty to maintain safe premises for visitors. Wrongful death claims can arise from incidents such as slip and fall accidents, drowning in a poorly secured pool, or assaults due to inadequate security on the property. When a fatal accident occurs because a property owner failed to correct a known hazard or neglected to provide adequate warnings, they may be held responsible. These cases often involve apartment complexes, hotels, retail stores, or amusement parks where public safety should be a top priority.

 How to Get a Fair Wrongful Death Settlement in Washington State

Getting a fair wrongful death settlement in Washington State begins with understanding your rights and the legal process involved. Under Washington law, a wrongful death claim can be filed when a person’s death is caused by the negligence, recklessness, or intentional act of another party. The claim is typically filed by a personal representative of the deceased’s estate on behalf of surviving family members, such as a spouse, children, or parents. To receive a fair settlement, it’s essential to act promptly, as Washington imposes a three-year statute of limitations from the date of death to file a claim.

Working with an experienced wrongful death attorney is one of the most important steps you can take to secure a fair settlement. A skilled lawyer will handle the legal complexities, ensure all deadlines are met, and investigate the incident thoroughly to gather strong evidence. This may include collecting medical records, accident reports, expert testimony, and witness statements to build a compelling case that proves liability and demonstrates the full extent of your loss. Your attorney will also identify all potentially responsible parties – from an individual to a company or government agency – to ensure every avenue of compensation is explored.

How Can a Wrongful Death Lawyer Help?

A wrongful death lawyer plays a crucial role in assisting with a wrongful death claim by providing legal expertise, guidance, and advocacy to the surviving family members.

1. 1. • A wrongful death lawyer helps navigate the complex legal process involved in filing a wrongful death claim. The lawyer will ensure that all necessary paperwork is filed correctly and within the statute of limitations. They will also manage communications with insurance companies and opposing counsel, shielding the family from unnecessary stress while ensuring their rights are protected throughout the legal process.
      • A wrongful death lawyer investigates the circumstances surrounding the death. The lawyer will gather evidence to establish liability and demonstrate the negligence or wrongdoing of the responsible party. This may include interviewing witnesses, obtaining expert opinions, reviewing surveillance footage, and securing medical or police reports to build a compelling case.
      • A wrongful death lawyer accurately assesses the damages suffered by the surviving family members. Recoverable damages include medical expenses, funeral costs, loss of income, and emotional suffering. The attorney will also consider long-term financial impacts, such as the loss of future earnings and benefits, and help place a fair value on non-economic losses like loss of companionship, care, and guidance.
      • A wrongful death lawyer represents the family in settlement negotiations or court proceedings. If a fair settlement cannot be reached through negotiation, the attorney is prepared to take the case to trial and advocate aggressively on behalf of the family. They use their legal expertise to present a strong case before a judge or jury, aiming to secure the maximum compensation possible. Throughout either process, the lawyer’s goal is to ensure that the family’s voice is heard and their loss is acknowledged with justice.
      • A wrongful death attorney answers questions such as: what is the value of my case and how are wrongful death settlements paid out?

Ultimately, a wrongful death lawyer serves as a compassionate advocate for their clients, fighting for justice and ensuring that they receive the compensation and closure.

Seek the Help of a Wrongful Death Attorney

If you lost a loved one due to a preventable medical error or the reckless/negligent behavior of another, you have enough to deal with. Let an experienced wrongful death attorney fight for justice on your behalf. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a wrongful death lawyer. Call the most experienced practicing wrongful death attorneys Bellingham has at Tario & Associates, P.S. today for a FREE consultation! We have been representing grieving family members in Whatcom County, Skagit County, Island County, and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!