How Much is the Average Wrongful Death Settlement?

December 3, 2024

Losing a loved one is always devastating, but it is even worse when someone’s negligence causes your relative’s death. However, if you prove that another party was at fault for the accident, you can receive compensation in a wrongful death lawsuit. How much you can receive in a wrongful death claim varies on the details of the case.

Learn more about wrongful death claims below, and speak to a wrongful death attorney in Las Vegas today for more information. You can be entitled to compensation if you can prove that another person’s negligence caused your relative’s tragic death.

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What Is A Wrongful Death Claim? 

Wrongful death means that a death, whether the person was a minor or an adult, was caused by a wrongful or neglectful act of another. When this occurs, the heirs of the deceased can file a claim against the parties who caused the death. If the claim succeeds, the family can receive compensation for their devastating loss.

A wrongful death claim is based on principles similar to other personal injury cases. The difference is that the person who suffered an injury died in the incident. In Nevada and many states, the law is that you must prove that another person was negligent in the incident that caused the death. Negligence means that the defendant owed your loved one a duty of care, their actions or inactions caused the death, and you suffered damages.

A wrongful death claim can occur from many incidents, including car accidents, medical malpractice, product defects, and criminal activity. To potentially receive compensation in a wrongful death claim, as the plaintiff, you must prove these elements:

• A person died
• The death was caused by someone’s negligence or intent to harm them
• Surviving members of the family suffered monetary damages because of the death
• There is a personal representative of the estate

Importantly, wrongful death claims only require you to have a preponderance of the evidence to prove the defendant was liable for the death. This is not as high of a standard as a criminal case, which is beyond a reasonable doubt. Your attorney will need to show that the other party is more likely than not to have caused the death.

Remember that a wrongful death claim is different from any criminal case that may be related to the incident. Even if a person is acquitted of a crime, they still can be successfully sued for wrongful death.

Damages Available In A Wrongful Death Lawsuit

If a wrongful death claim is successful, you may be awarded damages for your losses. In most states, you can obtain the following economic and non-economic damages in a wrongful death claim:

• Financial support the deceased would have provided to the family
• Loss of benefits or gifts that family members would have received from the deceased
• Funeral and burial costs
• The value of household services the deceased would have provided to the family
• Loss of the deceased’s companionship, love, care, comfort, affection, and moral support
• The spouse’s loss of intimacy with the deceased
• Loss of the deceased’s guidance

How Much Can You Get In A Wrongful Death Settlement? 

A wrongful death case can be worth thousands or millions. Every claim is different. You should be wary of a wrongful death attorney who claims they can obtain a specific sum for you. A seasoned wrongful death lawyer, however, may provide a range of what your case might be worth based on these factors:

Deceased’s Health And Age

What was the deceased’s health and age when they passed on? A younger person in good health with 40 years ahead of them can have a higher case value than an 80-year-old.

Suppose your relative died in a car accident. You can argue that the other driver caused the death, and your wrongful death attorney proves it. However, the defense can counter that your loved one was in poor health, which increased their chances of death in the accident. The defendant is arguing that their negligence didn’t cause the death. However, this argument is difficult to make in a person in good health before they died.

Medical Expenses

Many wrongful death claims involve a death that didn’t occur immediately. The victim can survive for weeks or months after the accident. They could accumulate hundreds of thousands in medical bills for treatments before they died. You and your wrongful death attorney can demand compensation for the medical bills you have related to the tragedy.

Lost Earning Capacity 

Losing a loved one who was a breadwinner also can affect you financially. The victim is no longer here to work and provide money for the family. Your wrongful death attorney and expert economists can calculate how much is lost from the deceased’s remaining working years.

How The Person Died

The nature of the accident or incident is also a factor in your situation. Suppose the wrongful death victim died in a truck crash, and several people and companies were liable. It can influence the settlement amount. Others die in work accidents, and workers’ comp benefits may be paid, which also affects the amount received.

Pain And Suffering

How much the victim suffered during the accident and afterward also may influence compensation. Suppose the person died in a fire and suffered tremendously during death. You would likely receive more compensation than if they died instantly in a fall.

These and other factors will influence the size of your wrongful death settlement. Talk to a wrongful death attorney about your case to understand what the claim is worth. Your attorney has managed many wrongful death claims and can offer an educated opinion about the value of the case.

What Are Common Reasons For Wrongful Death Lawsuits? 

Wrongful death claims can involve car accidents, truck accidents, medical malpractice, boat and airplane accidents, defective products, dangerous chemical exposure, work accidents, criminal actions, drownings, and more.

How Is A Wrongful Death Attorney Paid?

Many potential plaintiffs are reluctant to file a wrongful death claim because they fear the legal expenses. However, most wrongful death attorneys are paid on a contingency fee basis. If the attorney fails in your case, you do not pay legal fees. The fee is a percentage of the compensation received in the case. You will not pay compensation if your wrongful death attorney doesn’t win the case.

When hiring an attorney, be sure to understand what the contingency fee is and how additional legal expenses are paid. For example, your case can require the attorney to hire accident reconstruction experts to build the case. In addition, you should understand if those fees will be taken out of your settlement or award.

What Is The Wrongful Death Settlement Process? 

The wrongful death claim process usually involves the following steps:

• Free legal consultation: A wrongful death attorney will review your case to determine if it can lead to compensation. The attorney will understand the details of the accident or incident and who may be liable. 
• Investigate the incident: If the attorney thinks there is a case, they will thoroughly investigate the accident to determine who was at fault for the death. Important evidence to review is photos and videos of the scene, surveillance video if available, witness statements, and police reports. 
• File a wrongful death claim: Next, a claim is filed, usually with the liable party’s insurance company. 
• Begin settlement negotiations: Your wrongful death lawyer will attempt to negotiate a settlement with the insurance company. Most parties want to settle the claim out of court because it provides a faster resolution with a certain outcome. 
• File a wrongful death lawsuit: If the insurance company doesn’t offer enough compensation, your attorney can file a wrongful death lawsuit with the appropriate court. A jury decides a lawsuit. You can receive more than in a settlement, but trials are risky, and you can lose and receive nothing. 

Note that settlement negotiations can continue even if the case goes to trial. A settlement can be finalized anytime before the jury gives a verdict.

How Do You Know You Need A Wrongful Death Attorney?

Not everyone is eligible for a wrongful death claim, but if the following factors apply, you should hire an attorney immediately:

• Someone died, and another party caused it. If your loved one died in an accident or criminal act by another person, you should have an attorney.
• You are a surviving close family member: Spouses are the most common parties who file a wrongful death claim, but there are other eligible parties (listed earlier in this article).
• The insurance company is not being helpful: Your attorney can help prove that the other party was negligent and caused the death. The lawyer will attempt to show that the defendant owed your loved one a duty of care; the duty was breached and caused your loved one’s death.
• You need financial assistance: No amount of money has ever replaced a loved one. However, the family may have depended financially on the deceased, and mounting financial challenges make life difficult. An attorney can determine what the case is worth and get the maximum compensation by advocating passionately on your behalf.

If you aren’t sure you need an attorney, you can always request a consultation with a wrongful death lawyer. They will quickly determine if another party’s negligence may have caused your loved one’s death. They also will tell you if you have the right to file a wrongful death claim in your state. State laws have different rules about who can file.

Why Should Hire A Wrongful Death Attorney? 

Taking on a wrongful death lawsuit without an attorney is daunting, and you will probably get less money than you can with legal assistance. The benefits of hiring a wrongful death lawyer are:

• Thoroughly investigate your claim with their law firm’s financial and personnel resources to determine fault and negligence. An accident investigation to determine fault to satisfy the insurance company is usually complex and expensive and is best left to an attorney. 
• Identify every source of compensation, including personal assets and insurance policies. A truck accident, for example, can have several liable parties and companies, and many insurance policies can be liable for the loss. 
• Deal with insurance company communications for you. Insurance companies can be difficult for a grieving person to deal with. There can be many requests for documentation, and settlement negotiations are stressful. Your attorney can handle all communications with the insurance provider so you can grieve. 
• Negotiate with the insurance company to obtain the highest compensation for you. 
• Ready your case for trial if the attorney can’t reach a fair settlement agreement. 
• Offer legal guidance and support during the wrongful death claim process. 

A wrongful death attorney is highly motivated to maximize your compensation because they work on a contingency agreement. This means they are only paid if the attorney gets you compensation. They don’t get paid if you don’t get paid. This arrangement also helps you because there isn’t a need to pay an attorney for the hours spent on the case.

Speak To A Wrongful Death Attorney Now

There are some minor personal injury claims you can handle on your own. However, you should not attempt to settle a wrongful death claim without a skilled attorney. Even if there is no doubt about liability, arriving at a fair value for your case is complicated. Therefore, retaining a wrongful death lawyer who knows the law and how to determine what the case is worth is essential. Contact a Las Vegas personal injury attorney in your area today for more information. The consultation is free.