Wrongful death often leads to funeral costs, lost income, and other unexpected expenses. If you’ve lost a loved one due to another party’s negligence, you may be wondering about how much compensation you’ll receive.
So, what is the average wrongful death payout? There is no average settlement for wrongful death. The amount you receive will depend on a variety of factors, such as the age and health of the deceased, their earning capacity, and whether they had dependents.
Losing a loved one unexpectedly can be devastating. If you’ve lost someone you love due to someone else’s negligence, a Tacoma wrongful death lawyer can help you pursue financial compensation.
What Is the Average Wrongful Death Settlement?
Since every case is unique, there is no average wrongful death settlement. Some plaintiffs receive payouts in the low six figures, while others receive multi-million-dollar sums. The amount you’re awarded will depend on factors such as the deceased’s age, earning potential, and the dependents they may have. The more the dependents, the more the damages are.
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What Factors Determine Your Settlement Amount?
Several elements affect the total value of a wrongful death settlement, including:
- The age and health of the deceased: The loss of a younger person or someone in good health often results in a higher settlement due to a longer expected lifespan.
- Earning capacity: If the deceased was the primary breadwinner or had high earning potential, this could increase your settlement. This is even more the case if the deceased had a track record of high earnings and many years left in the workforce.
- Medical and funeral expenses: These costs are typically included in a wrongful death settlement.
- Dependents: Settlements are generally higher when the deceased leaves behind a spouse, children, or other dependents.
- Available insurance coverage: Defendants with higher insurance limits or more assets have the ability to pay more in damages.
Are Wrongful Death Settlements Taxed?
Generally, wrongful death settlements are not taxed by the IRS if they are compensatory in nature, meaning they compensate for actual losses such as income, medical bills, or pain and suffering. However, there are exceptions:
- Any interest earned on the settlement amount may be taxed.
- Loss of income damages on the settlement amount may also be taxed.
- If part of the claim was for emotional distress not tied to physical injury or illness, it may be taxable.
Having the settlement funds characterized as compensatory, such as pain, suffering, etc., can help shield tax consequences.
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How Are Wrongful Death Settlements Distributed?
Wrongful death settlements are typically distributed among eligible surviving family members, which may include:
- The spouse or domestic partner
- Children (including adopted children)
- Parents or legal guardians
- Other financial dependents or heirs (depending on state law)
In most cases, the court will approve a distribution plan based on state laws, beneficiaries’ dependence on the deceased, and beneficiaries’ future financial needs. Settlements can be paid out as lump sums or through scheduled payments.
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How to Maximize Your Wrongful Death Settlement
To maximize your settlement, you should hire a wrongful death attorney. Legal expertise is crucial for gathering evidence, negotiating with insurers, and calculating damages accurately.
Wrongful death attorneys can provide invaluable support in the wake of a fatal accident. Specifically, they can:
- Investigate the incident: Lawyers can gather medical records, accident reports, and expert opinions to build a strong case.
- Negotiate with insurers: Attorneys can push for the highest possible settlement.
- Calculate your damages: Lawyers can calculate all of your losses, both economic and non-economic. This is important because there are so many different types of damages that occur in a case where you have a wrongful death attorney. You want to make sure all stones are uncovered because you only get one chance to get it in the settlement.
- Represent you in court: If your case goes to trial, your attorney can advocate for your family in court.
Do Most Wrongful Death Cases Settle?
Yes, the vast majority of wrongful death cases settle out of court. Settlements are often faster, less expensive, and less emotionally taxing for the family. Settling also allows both parties to avoid the uncertainty of a jury trial.
That said, some cases are better resolved through litigation, particularly if the responsible party refuses to offer a reasonable settlement amount.
Is It Hard to Win a Wrongful Death Lawsuit?
Winning a wrongful death case can be challenging, but it’s not impossible, especially with strong evidence and experienced legal representation. To win a case, a plaintiff must prove:
- Duty of care: The defendant owed a legal duty of care to the deceased.
- Breach of duty: The defendant failed to uphold that duty.
- Causation: The breach directly caused the death.
- Damages: Surviving family members suffered measurable losses.
What Is the Definition of Wrongful Death?
In Washington State, wrongful death occurs when someone dies as a result of another person’s negligence, misconduct, or failure to act. Under RCW 4.20.010, the personal representative of the deceased’s estate has the legal right to file a claim on behalf of surviving family members.
Call Wrongful Death Lawyers Today
If you’ve lost a loved one due to someone else’s negligence, don’t wait to seek legal help. The sooner you speak with a wrongful death attorney from NextLaw, the sooner you can start building a winning case and having someone in your corner to deal with the claim during a difficult time.
Our lead attorney, Dan Gerl, has represented thousands of residents of Washington State, and our team is ready to advocate for your family.
If you’ve lost a loved one due to wrongful death, Call Dan Next for a free consultation.
Call or text (253) 238-2558 or complete a Free Case Evaluation form