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This article has been written and reviewed for legal accuracy and clarity by Tort Defenders’ writers and staff and is as accurate as possible. This content should not be taken as legal advice from an attorney.
Wrongful death occurs when someone dies because of the negligence of another individual or party. These cases can be complex to work through and highly emotional for the plaintiffs involved. The loved ones who are seeking compensation for the wrongful death are often still going through the grieving process. During the case, they have to relive the painful details that led to the loss of life of the person they held so dear.
If you lost a loved one and feel like an organization was negligent and caring for them, it helps to have a strong legal team by your side. Experienced lawyers can handle the sensitive nature of this case while also fighting for the compensation you deserve.
Two prominent cases that could result in wrongful death settlements include exposure to water at Camp Lejeune, a military base in North Carolina, and the use of Roundup weed killer which is made from cancer-causing materials. In both cases, the plaintiffs are trying to prove the defendants knew about significant dangers but ignored them.
Use this guide to learn more about wrongful death settlements and how they are paid out.
Understanding Wrongful Death Settlements
Wrongful death refers to the actions of an individual or an organization that led to the death of another. This can be used in a criminal case, where an individual assaults another and causes them to die. it can also be used in civil suits, where an organization is held liable for the death of an employee or a customer.
The legal team representing the plaintiff will need to prove that the individual or entity that caused the wrongful death either did so out of ill intent or recklessness, which highlights how the death could have been prevented. For example, if a company fails to provide safety gear to an employee as a way to save money, but the employee dies, a wrongful death suit might prove that the company was reckless or negligent in the care of its staff.
The loved ones of the deceased can seek out multiple types of damages in a wrongful death suit. They will seek compensation for the trauma sustained because of the loss of a loved one as well as financial support from the person or organization that was negligent. For example, if an employee dies on the job, their spouse might bring a wrongful death suit against the company because they were the breadwinner of the family.
How Wrongful Death Settlements Work
Wrongful death lawsuits start with the plaintiff filing a claim against the defendant. The plaintiff will seek damages because of the death of their loved one. Upon learning about the suit, the defendant can either try to settle the case or bring it to court.
The vast majority of cases, up to 90%, settle. Many defendants would rather negotiate with the plaintiff and reach a settlement agreement than go through a lengthy and expensive court case. Many companies would also rather settle because they don’t want the negative publicity that comes with a court case.
The legal teams of the plaintiff and defendant will work together to reach a settlement agreement. Once this is reached, the defendant will pay the plaintiff.
Who Pays in a Wrongful Death Suit?
The person who is found negligent in a wrongful death case is responsible for paying for the damages. However, many companies will not have to pay out of pocket. Most organizations carry liability insurance which protects them in case of a lawsuit. The organization will file a liability insurance claim and the insurance provider will make the payment. This protects the company’s assets and allows it to keep operating.
Even small businesses and self-employed entrepreneurs are known to carry liability insurance. This also protects their personal assets in the event of a lawsuit.
Factors Influencing Wrongful Death Settlements
The potential damages awarded in a wrongful death suit will vary from one case to another. The compensation will depend on what the plaintiff asks for and the circumstances involved in the death. Here are a few potential factors that can affect the settlement size:
- The deceased’s age: Settlement amounts for younger people are often higher because a larger percentage of their life was robbed from them.
- Earning capacity: Settlement amounts can vary depending on how much income a family lost because of their loved one’s death. A settlement could be higher if the deceased was the primary earner in a family or if they left behind several children who need to be supported.
- The circumstances of death: The type of death can impact a settlement amount. If the death was highly preventable and there is a direct correlation between the actions of an organization and the loved one dying, the settlement amount could be quite high.
- Emotional trauma: Some wrongful death settlements may include compensation for emotional distress. This represents how significantly the lives of the loved ones were affected by losing someone they held so dear.
When you meet with your legal team to discuss a wrongful death settlement, your representation should go over all of these factors so they know how much to request from the defendant.
Who Gets the Money in a Wrongful Death Lawsuit?
Wrongful death lawsuits are often brought to court by the beneficiaries, including the spouses or children of the deceased. These are also the people who receive money from the lawsuit. Spouses and children are most likely to be negatively financially affected by the death while also experiencing emotional trauma because of their sudden loss.
Every state has different laws on who can bring a wrongful death settlement to court and how the settlement is distributed. Talk to a lawyer within your state to understand your rights.
How Are Wrongful Death Lawsuits Paid Out?
If you are awarded a wrongful death settlement, you have two options to receive your damages: you can receive the money in a lump sum or you can receive a structured settlement over a period of time. A structured settlement is a series of payments over multiple years made to the plaintiff. This might be a better option because it gives your family a source of income over time.
Consult with your attorney to determine whether a structured settlement or a lump sum payment is better for your needs. Both options come with different fees and tax implications that can affect your finances.
Proving Fault and Pursuing Compensation in a Wrongful Death Claim
To win a wrongful death claim, plaintiffs will need to prove that a person or entity was negligent in their actions which led to the death of their loved one. To prove negligence, the plaintiff needs to show how the defendant had a duty of care for the deceased and breached it. For example, an employer has a duty of care to keep its employees safe. If the defendant acted negligently, either because they were reckless or had ill intent, they can be held liable for the death.
The plaintiff’s legal representation will gather evidence to make a case that the defendant was negligent and could have prevented this death. This is why it is so important to work with an experienced legal team if one of your loved ones died unexpectedly. The right lawyers know how to prove negligence effectively.
How Do You Prove a Wrongful Death?
One of the most important ways to prove wrongful death is to gather and present evidence to the court. Your legal team will gather multiple forms of evidence to make their case. Some types of evidence they might use include medical records, video recordings, and witness statements by people who saw the death.
If someone you love was a victim of wrongful death, one of the best things you can do is gather evidence. Your legal team can help you document each financial impact and emotional trauma effectively.
It’s understandable to feel distressed after the loss of a loved one; however, you still deserve compensation and financial support for the future.