Jason Stephens | July 24, 2024 | Wrongful Death
The death of someone you care about is tough to deal with under any circumstances. If they pass away because someone acted negligently (carelessly), recklessly, or otherwise wrongfully, the entire experience can be even more overwhelming.
A wrongful death claim can be your path to some measure of justice and financial relief. One common question many people want answered is: What’s the average wrongful death settlement?
Many factors impact how much you can receive in your settlement. An attorney will consider things like the age of your loved one, how egregiously the other party behaved, and your pain and suffering. They will fight on your behalf to get acceptable compensation that can help you move forward financially.
What Events Can Lead to a Wrongful Death Claim?
A wrongful death occurs when one party’s negligent or reckless actions cause the death of another. Individuals or businesses can be held accountable for behavior that harms or kills someone else.
You might be eligible to file a claim if a family member passes away as a result of one of the following:
Car Accident
Traffic crashes can lead to fatalities. If someone else was responsible for the crash, you can file a wrongful death claim. The court and insurance companies will consider factors that may have contributed to the incident, including whether the at-fault party was speeding, distracted, or drunk.
If a mechanical defect played a role in the crash, you may be able to include the vehicle manufacturer in your claim. However, you and your attorney must establish a connection between the other party’s actions and the incident.
Company Negligence
Businesses have a duty to operate safely and take reasonable steps to protect their employees and the general public. When they fail to do so and that negligence leads to a fatal accident, they can be held accountable via a wrongful death suit.
For example, suppose that a Ftrucking company employs a driver with a history of careless or reckless behavior. The driver was then operating their commercial vehicle in a negligent manner and caused a fatal crash. The victim’s loved ones could potentially sue both the driver and the company.
Medical Malpractice
Medical malpractice can sometimes lead to wrongful death. A few examples include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Anesthesia errors
Any mistakes on the part of the medical provider or facility can be catastrophic. When these mistakes result in a fatal accident, the responsible party must be held accountable.
Murder
Wrongful death suits are a civil matter. You can sometimes file wrongful death claims when the intentional violent act of another caused the incident.
For example, the family of Anna Wilson filed a wrongful death suit against Kaitlin Armstrong, the woman who murdered her. They won the case and were awarded $15 million.
Wrongful death cases have a lower standard of proof than criminal cases. As a result, you can still win your claim even if the responsible party is found not guilty in criminal court.
What Are the Chances of Winning a Wrongful Death Suit?
There aren’t any guarantees when it comes to taking legal action. The odds of winning a wrongful death suit will vary based on many different factors. A skilled lawyer can evaluate the strength of your case and help you determine the best path forward.
One of the key factors at play is the quality of the evidence of negligence. You must prove that the defendant’s wrongful behavior caused your loved one’s death.
Having an experienced wrongful death attorney can increase your chances of achieving a favorable outcome, as they will be able to collect evidence, interview witnesses, and take other steps to build a strong case on your behalf.
Experienced legal representation will also help you determine whether you should accept a settlement offer or take a case to trial. The best attorneys will assist with everything from negotiating a better settlement to helping you make an informed decision.
What Is the Average Wrongful Death Settlement?
The settlement offer in a case will vary based on the strength of the plaintiff’s claim, the skill and reputation of the legal team representing them, and the nature of the incident.
If the defendant was clearly responsible for the death and had little to no legal defense, the odds of recovering a large amount will increase. Settlement amounts can range from several thousand dollars to millions.
However, there’s no guarantee that the at-fault party will do the right thing willingly, even if the evidence against them is substantial. For example, the defendants in a Dallas wrongful death scissor lift case offered a settlement of just $1.25 million. The plaintiff’s attorney took the matter to trial and ultimately won the case, earning a jury verdict of $71.95 million.
Factors That Impact The Wrongful Death Lawsuit Settlements Average
Legal professionals consider a wide range of factors when requesting a settlement. Some of the variables at play include:
How Much the Person Was Projected To Earn
If the deceased person had significant earning potential or was primarily responsible for covering the household expenses, the settlement amount is likely to be higher to compensate for the financial loss. Conversely, the settlement amount may be lower if the deceased person did not work or had a relatively low income.
The Age and Health of the Deceased
The court will consider the age and overall health of the deceased person. Cases involving younger, healthier individuals with dependents typically result in higher settlements due to the longer-term financial impact on the family.
Funeral Expenses and Other Damages
Both economic (for things like funeral expenses and other losses) and non-economic (for things like pain and suffering) damages are available in wrongful death cases. Punitive damages may even be awarded in extreme cases, too. How these losses are calculated – which can require help from an expert in addition to an attorney – can heavily impact the value of a claim.
Schedule a Free Case Review With a Wrongful Death Attorney
An experienced attorney can review your options and help you decide whether filing a wrongful death suit will be the best path forward. They can discuss settlement options and work with you to honor the memory of your loved one.
Contact Our Personal Injury Law Firm in Fort Worth, TX
If you’ve been injured in an accident in Fort Worth and need legal help, contact our Fort Worth personal injury lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 300
Fort Worth, TX 76107
(817) 420-7000
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
109 York Ave Suite #201
Weatherford, TX 76086
(817) 409-7000