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HABLAMOS ESPAÑOL
(877) 880-4090Posted January 17, 2025 | Personal Injury Blog
Have you lost a loved one in death due to someone else’s negligence? If so, we are sorry for the grief you are experiencing during this difficult time. Filing a wrongful death claim is one way that families can seek justice and financial compensation for their tragic loss.
Money from a wrongful death claim can help your family move forward after the death of your loved one, pay for expenses you otherwise would not have had, and hopefully find a measure of closure for the loss of your family member.
A common question for families who are considering filing a wrongful death claim at our law firm is, “What is the most you can sue for wrongful death”? While there isn’t a set amount, and laws vary from state to state, several factors determine the potential compensation in a wrongful death case.
Our legal team understands that if you are considering filing a wrongful death claim, you want to know how much your case is worth. Unfortunately, there is no average wrongful death settlement amount. Each claim is unique, and potential compensation depends on several factors.
Let’s discuss some key factors that can impact the value of a wrongful death settlement.
It is understandable that you do not want to think of medical bills incurred due to your loved one’s accident and death. However, medical bills incurred before the deceased passed away can fall on surviving family members, adding to their stress during this difficult time.
If your loved one rode in an ambulance to the emergency room, was taken into surgery, or received another type of medical treatment, these costs may be factored into the settlement.
The unexpected cost of a funeral and burial can be a significant financial burden on you and your family. In the US, the average cost of a burial and funeral is over $8,000. The wrongful death settlement will generally provide for these costs.
Wrongful death can cause significant mental and emotional harm to surviving family members. Non-economic damages are awarded to compensate families for the psychological and emotional toll of losing a loved one.
These types of damages are intangible and more difficult to quantify. A wrongful death lawyer can help you calculate the value of your non-economic damages.
Types of non-economic damages awarded in wrongful death cases may include:
Your wrongful death case will only be successful if your loved one was killed due to someone else’s actions. But what if your family member was partially responsible for the accident that resulted in his or her death? You still may be eligible to recover damages for wrongful death, depending on the shared fault laws in your state.
In states that go by comparative fault laws, your recoverable compensation will be reduced based on the deceased’s percentage or fault. For example, if you are awarded $100,000 in damages, but the deceased is found to be 25 percent at fault for the fatal accident, you could receive $75,000 in damages.
The deceased’s age, role in the family, and potential earning capacity all factor into the amount of wrongful death settlements. For example, the loss of a young, healthy person with a long life expectancy may result in a higher settlement than in the case of an older individual with pre-existing health conditions.
Additionally, if your loved one was the primary financial contributor in the family or a parent, you may receive higher compensation.
In some types of wrongful death cases, like car accidents, medical malpractice, and product liability incidents, there should be insurance coverage available. However, most liability insurance policies have a cap.
If the defendant’s insurance policy has low limits, a wrongful death lawyer may be able to help you explore other compensation options.
The maximum amount you can sue for wrongful death will somewhat depend on the state where you are filing the lawsuit. Some states put a cap on non-economic and punitive damages.
Consider two examples where the State of Texas has put a cap on wrongful death cases.
Medical malpractice claims arise when an individual is harmed due to errors made by a doctor or another medical professional. Any economic damages, such as medical bills, are not subject to caps. However, there is a limit on pain and suffering and other non-economic damages.
For most medical malpractice claims, the non-economic cap on damages is $250,000 for individual healthcare providers and $500,000 for hospitals. However, the cap for wrongful death medical malpractice claims is $500,000 for economic, exemplary, and non-economic damages, regardless of who the defendant is.
It is rare that a court awards punitive damages, but they are awarded in some wrongful death claims. These types of damages are only granted in situations where the defendant’s actions were grossly negligent or malicious.
The cap is the greater of either $200,000 or two times the economic damages plus non-economic damages, up to $750,000.
While there is no guarantee of how much you will receive for a wrongful death claim, hiring an experienced personal injury lawyer can significantly influence your settlement outcome.
When you work with one of our wrongful death attorneys, we will:
The most you can sue for in a wrongful death case depends on many different factors. Our personal injury lawyers can help you understand your rights and maximize the compensation you may be entitled to receive.
After the death of your family member, you should not have to worry about filing paperwork, dealing with insurance companies, and meeting deadlines. When you have a wrongful death attorney by your side, you can focus on grieving your loved one and healing from your tragic loss.
Call Fielding Law today or complete our contact form to schedule a free case consultation. We take all wrongful death cases on contingency, which means you do not pay us any upfront costs or fees.
Text edited by Mitchell Fielding, a personal injury lawyer and partner at Fielding Law. Mitchell is known for his hard work ethic, friendly personality and dedication to the law. You can find out personal injury law offices in Taylorsville, UT and Mesquite, TX.