Losing a loved one is a painful and overwhelming experience. The loss becomes even more devastating when someone else’s negligence or wrongful actions cause that death. In these situations, families often pursue a wrongful death lawsuit to seek compensation for their loss. However, many people wonder, how are wrongful death settlements calculated? The process of calculating damages in a wrongful death lawsuit is not always straightforward. Several factors must be considered, and understanding these elements can help families navigate this challenging legal journey.
When someone passes away due to the fault of another, the family members may be entitled to compensation for both tangible and intangible losses. The legal process of calculating these damages can be complex.
This article will explain the different types of damages that may be awarded in a wrongful death case and the factors that impact their calculation. It is important to know that each case is unique, and working with a skilled wrongful death attorney can ensure that you understand the full scope of your options.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a type of civil claim filed by the surviving family members of someone who died as a result of another individual’s or organization’s reckless, negligent, or deliberate conduct. The goal of the lawsuit is to recover damages for the survivors who have been financially or emotionally impacted by the death. While criminal charges may also be filed against the responsible party, a wrongful death lawsuit is separate and seeks compensation for the victim’s survivors, rather than punishment for the defendant.
Types of Damages in a Wrongful Death Lawsuit
Damages in wrongful death cases can be divided into two main categories: economic damages and non-economic damages. Each category covers different aspects of the family’s loss. Economic damages address the financial losses caused by the death, while non-economic damages cover more subjective, emotional losses. The exact amount of damages will depend on various factors, including the deceased’s relationship with the surviving family members and the impact of the loss on their lives.
Economic Damages
Economic damages are the financial losses resulting from the wrongful death. These damages can be calculated based on concrete evidence, such as medical bills, lost income, and funeral expenses. The following are the key types of economic damages considered in a wrongful death lawsuit:
- Medical Expenses: This includes the cost of medical treatment received by the deceased before their death. If the deceased received care in the hospital or required surgery or other medical services due to the injury that led to their death, these expenses will be factored into the damages.
- Funeral and Burial Costs: Funeral expenses can be significant, and they are typically included in a wrongful death claim. This covers the costs associated with the funeral service, burial or cremation, and other related expenses. These expenses can vary depending on the type of funeral and the arrangements made by the family.
- Loss of Income and Earnings Capacity: One of the most significant types of economic damages in a wrongful death case is the loss of the deceased’s future earnings. The family may suffer financial hardship due to the loss of the deceased’s income. To calculate this loss, factors such as the deceased’s age, occupation, earning capacity, and the expected number of years they would have worked are considered. If the deceased was a primary breadwinner, this loss can be substantial.
- Loss of Services and Support: This type of damage refers to the value of the services the deceased would have provided to their family. For example, if the deceased was responsible for childcare, housework, or maintenance of the family home, the loss of those services is included in the damages calculation.
Non-Economic Damages
Non-economic damages compensate the family for the emotional, psychological, and intangible losses they suffer as a result of the death. While it is difficult to place a specific dollar amount on these types of damages, they are no less important. The following non-economic damages are typically included in a wrongful death lawsuit:
- Pain and Suffering: The surviving family members may be awarded damages for the emotional distress caused by the loss of their loved one. This includes grief, sadness, and other mental anguish that the survivors experience. The amount awarded for pain and suffering will vary depending on the severity of the emotional impact on the family members.
- Loss of Companionship and Consortium: This damage compensates for the loss of the deceased’s companionship and the emotional bond between the deceased and their surviving spouse, children, or parents. The law recognizes the importance of the relationships between the deceased and the family members, and these bonds are valued as part of the damages.
- Loss of Parental Guidance and Support: If the deceased was a parent, the children may be entitled to damages for the loss of their parent’s guidance, support, and love. This is particularly important if the children were young and depended heavily on the parent for emotional and financial support.
Factors That Affect the Calculation of Wrongful Death Damages
Several factors can influence the calculation of damages in a wrongful death lawsuit. While the type of damages mentioned above forms the foundation, there are additional factors that play a role in determining the final amount of compensation awarded:
- Age and Life Expectancy of the Deceased: The deceased’s age at the time of their death and their life expectancy are important considerations. If the deceased was young and had many years of working life left, the loss of their future income and services could be much higher.
- Relationship to the Deceased: The relationship between the deceased and the surviving family members impacts the compensation amount. Close family members, such as spouses and children, are typically entitled to a larger share of the damages. In some cases, the court may consider the emotional impact on more distant relatives as well.
- Degree of Negligence or Wrongful Conduct: The degree of fault on the part of the defendant is another factor that affects damages. If the defendant acted recklessly or intentionally, the court may award punitive damages in addition to compensatory damages. Punitive damages are meant to punish the defendant and deter others from similar conduct.
- State Laws and Statutes of Limitations: Every state has different laws regarding wrongful death claims, including the types of damages that can be awarded and the maximum amounts allowed. Some states impose caps on non-economic damages in wrongful death cases. Additionally, each state has a statute of limitations, which dictates how long the family has to file a lawsuit after the death. Failing to meet this deadline can result in the dismissal of the case.
- Insurance Coverage: The amount of available insurance coverage may also affect the amount of damages awarded in a wrongful death lawsuit. In some cases, the defendant may have insurance coverage that covers the damages, but the family may need to work with the insurance company to ensure they receive a fair settlement.
The Role of Expert Witnesses in Wrongful Death Claims
In some wrongful death cases, expert witnesses may be used to help calculate the damages. These experts can testify about the deceased’s life expectancy, earning potential, and the value of the lost services. They may also be able to provide insights into the psychological and emotional effects of the death on the family members.
Expert witnesses may include economists, medical professionals, and forensic psychologists. Their testimony can help strengthen the case and provide valuable information that helps the court determine an appropriate award for the surviving family members.
How Do Insurance Companies Calculate Wrongful Death Damages?
Insurance companies play a significant role in wrongful death cases, particularly when the at-fault driver has insurance. However, the compensation you receive from the insurance company may not always reflect the full extent of your loss. Insurance companies will evaluate various factors to determine the amount they are willing to pay out for the claim. They will review the deceased’s medical history, financial status, and the extent of the damages.
Insurance adjusters may attempt to minimize the payout by offering low settlements. Their primary objective is to limit their liability and pay out as little as possible. This is why having an experienced wrongful death attorney on your side is critical. An attorney can help you negotiate with the insurance company to ensure you receive a fair settlement. In some cases, a lawyer may even take the case to trial if a reasonable settlement cannot be reached.
What Happens If the Wrongful Death Case Goes to Trial?
If a settlement cannot be reached and the case proceeds to trial, the court will assess all available evidence to determine the amount of damages. The jury or judge will consider both economic and non-economic damages, along with any additional factors like the defendant’s degree of negligence. Punitive damages may also be awarded in some cases where the defendant’s actions were particularly reckless or egregious.
The trial process can be lengthy and emotionally taxing, but it can also result in a larger compensation award if the case is successfully argued. A wrongful death attorney will work to present the strongest case possible, bringing in expert witnesses, evidence, and testimony to demonstrate the full impact of the loss on the family.
How Tate Accident Law Can Help You
At Tate Accident Law, we understand the challenges of losing a loved one due to someone else’s negligence. Our experienced wrongful death attorneys will work tirelessly to secure the compensation you deserve. We will guide you through every step of the legal process, from assessing your case to negotiating with insurance companies and, if necessary, representing you in court.
Contact us today for a free consultation. Let us help you seek justice for your loved one.
