The sudden loss of a loved one is devastating, and in many ways a loss like this could never be quantified monetarily. However, a specific area of the law allows families of someone who has been wrongfully or negligently killed to recover the equivalent of the "value" of that person's life. There are many factors that go into the calculation of settlements of these sorts of lawsuits. Read on to learn more about the average amount of wrongful death lawsuit settlements.
What Is a Wrongful Death Lawsuit?
A wrongful death case is a lawsuit brought by the surviving family members of a person who has died as the result of intentional homicide, accident, injury, medical malpractice, or negligence of another person. It is not uncommon for the families of homicide victims to bring wrongful death lawsuits, which occur in civil court independent from criminal justice proceedings.
It can be understandably difficult, and somewhat uncomfortable, to quantify the economic value of a lost loved one. However, many surviving spouses and family members are left financially vulnerable after an unexpected death. Many find themselves solely responsible for funeral costs, medical bills, and in some cases the burden of supporting children without a partner. For this reason, some choose to file a wrongful death lawsuit seeking monetary recovery.
Amount of Recovery in Wrongful Death Lawsuits
It can be extremely difficult to put a dollar value on a human life. For this reason, the amount of recovery for a wrongful death lawsuit involves the balancing of many factors, and will likely vary depending on the circumstances of the case. Relevant factors includes the victim's age and health at time of death. Another key factor is earning capacity, particularly if the victim was supporting a spouse or young children. The amount of a settlement will also depend on the nature of the accident or injury that caused the death, and if the victim incurred significant medical bills or endured protracted suffering before death. Plaintiffs in a wrongful death suits can seek recovery economic damages, including things like:
Some types of damages are not as closely tied to economic issues, and as a result can be more speculative. Some states also place caps on the amount of potential recovery for these "non-economic" damages, including:
In recent years, there have been some newsworthy wrongful death settlements and jury awards that reflect how much these sorts of cases can be worth. Some notable examples include:
Learn More About Wrongful Death Settlements from an Attorney
If you've lost someone you love due to an accident, injury, or crime you may have a case for a wrongful death lawsuit. Like other types of lawsuits, wrongful death cases have statutes of limitation specific to your state, so it's important to act promptly. Speak with an experienced personal injury attorney today to learn about your legal rights when it comes to wrongful death lawsuits. An attorney can also help explain the averages and outliers when it comes to wrongful death settlements.
Contact a qualified personal injury attorney to make sure your rights are protected.