Wrongful deaths often result from tragic incidents such as car crashes, medical malpractice, construction accidents, or slip and fall accidents. Losing a loved one under these circumstances can leave families facing emotional devastation and financial hardship.
You may be entitled to compensation after the death of a loved one caused by another party’s negligence or misconduct. However, you must deal with resistance from insurance companies and prove negligence during such a difficult time.
At Slingshot Law, our compassionate Grand Junction wrongful death lawyers are here to guide you through every step of the process. We handle negotiations with insurers, gather supporting evidence, establish liability, and fight to secure the fair compensation your family deserves.
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Wrongful Death Settlements – Key Takeaways
- Wrongful death settlements can be paid as lump sums or structured payments, with proceeds distributed to eligible beneficiaries.
- Settlement amounts vary depending on the extent of damages, the degree of negligence, and the availability of insurance coverage.
- Payment responsibility usually falls on the at-fault party or their insurer, with shared liability in some cases.
- Only qualified family members or estate representatives may file a wrongful death suit under state law.
- Call a wrongful death attorney for a fair and just settlement.
How Are Wrongful Death Settlements Paid Out?
Wrongful death settlements follow specific payout procedures determined by state law, settlement terms, and the deceased’s family structure. Here is a breakdown of how wrongful death claims are paid out:
Distribution to Beneficiaries
State law designates who can receive wrongful death proceeds, usually prioritizing surviving spouses, children, and sometimes parents or dependent siblings. The settlement agreement or court order specifies each beneficiary’s portion based on their relationship to the deceased, financial dependency, and loss suffered.
Some states use fixed formulas dividing proceeds among family members, while others allow flexibility based on individual circumstances.
Payment Methods
Settlements are commonly paid as lump-sum payments, providing immediate access to the entire settlement amount after deducting legal fees and case expenses. Alternatively, structured settlements distribute funds over time through periodic payments, offering long-term financial security and potential tax advantages.
The share of minors requires court-supervised trusts or guardianship accounts, protecting funds until they reach adulthood.
Attorney Fees and Expenses
The beneficiaries must pay the attorneys’ fees before the proceeds are distributed. The attorney’s fee is a percentage of the settlement under contingency agreements. It can also include case-related costs, such as expert witness fees, filing fees, and investigation expenses.
The remaining net proceeds are then distributed to designated beneficiaries according to the established allocation. Estate representatives or personal administrators receive the settlement funds first and then distribute them to the rightful beneficiaries in accordance with state probate laws and the terms of the settlement.
How Much Are Wrongful Death Settlements?
Wrongful death settlements vary based on numerous factors unique to each case. There’s no standard amount or formula that applies. The settlement value depends on the specific circumstances surrounding the death, the deceased’s life situation, and the losses incurred by the surviving family.
Here are factors likely to influence the value of a wrongful death claim:
Medical Expenses Incurred Before Death
Wrongful death claims include compensation for all medical treatment the deceased received between the injury and death. These damages can cover emergency room visits, hospitalization, surgeries, medications, diagnostic tests, and any other healthcare costs.
The family may face substantial medical bills in cases where victims survived days, weeks, or months before succumbing to injuries. A wrongful death lawyer can document these losses through medical records and billing statements.
Lost Income and Future Earning Potential
You can also seek compensation for the financial support the deceased would have provided to their family. The calculation of the damages considers the deceased’s current income, career trajectory, and expected raises and promotions.
A wrongful death attorney can account for the number of working years that remained before retirement. They can also work with economists and vocational experts to testify regarding earning capacity, creating projections based on education, skills, industry standards, and employment history.
High-earning professionals or young victims with decades of potential earnings ahead typically result in substantially higher settlements than those with limited income or shorter remaining work life.
Funeral and Burial Costs
Families recover expenses related to funeral services, burial or cremation, cemetery plots, headstones, memorial services, and related costs. While these expenses are modest compared to other damages, they represent immediate financial burdens that families shouldn’t bear due to another’s negligence.
Pain and Suffering of the Deceased
Some jurisdictions allow recovery for the physical pain and mental anguish the deceased experienced between the injury and death. Pain and suffering apply when victims remain conscious and aware, enduring suffering before succumbing to their injuries.
These damages are inherently subjective and challenging to quantify. A wrongful death lawyer can use medical records to document the victim’s condition, pain levels, and awareness, establishing appropriate compensation for their final suffering.
Loss of Companionship and Support
Surviving family members suffer profound emotional losses that extend beyond financial considerations. Loss of consortium compensates spouses for the loss of companionship, affection, intimacy, and emotional support.
Children often lose the guidance, love, nurturing, and irreplaceable presence of a parent. Parents losing children endure unimaginable grief and the loss of their child’s presence, relationship, and future experiences together.
Degree of Negligence or Fault
The severity of the defendant’s conduct impacts settlement values. Cases involving gross negligence, recklessness, or intentional misconduct often warrant higher compensation than simple negligence.
Egregious behavior, such as drunk driving, flagrant safety violations, or deliberate wrongdoing, may justify punitive damages in some jurisdictions. A judge can award you punitive damages to punish the defendant and deter similar future conduct.
Clear, undisputed liability typically results in higher settlements than cases where fault is partially contested.
Age and Health of the Deceased
Younger victims result in higher settlements due to decades of lost earning potential and family support. A healthy individual in their prime working years represents a greater financial loss than someone near retirement or with pre-existing health conditions that limit life expectancy.
However, even elderly victims provide valuable companionship, wisdom, and support that warrant significant compensation for their loss.
Insurance Policy Limits and Coverage
Practical settlement amounts often depend on available insurance coverage and the defendant’s assets. Even when damages justify substantial compensation, the defendant’s insurance policy limits and financial resources can restrict recovery.
Multiple insurance policies, including umbrella policies or commercial coverage, may apply depending on circumstances. Cases involving wealthy defendants or entities with substantial assets allow the pursuit of damages beyond insurance limits.
Availability of Evidence
The availability of strong evidence can enhance the value of a wrongful death settlement. A wrongful death lawyer can use evidence to prove liability, the extent of damages, and the financial and emotional impact on surviving family members.
Compelling evidence helps establish negligence, reduces disputes from insurers, and supports higher compensation demands. A wrongful death attorney can use the following sources of evidence to support your claim:
- Police or accident reports
- Medical and autopsy records
- Witness statements
- Photographs or video footage
- Expert testimony
- Financial and employment records
- Communication or correspondence with insurers
- Documentation of emotional and financial losses
Who Pays in a Wrongful Death Suit
Determining who pays in a wrongful death suit depends on the circumstances surrounding your loved one’s death, who was responsible, and what insurance policies apply. In most cases, the financial burden falls on the party whose negligence caused the fatal accident.
However, compensation can come from various sources, including insurance companies, employers, or other entities that share liability.
The Role of the At-Fault Party
The primary responsibility for paying a wrongful death settlement lies with the at-fault party. The liable party may be a person, business, or organization whose negligence caused the death. The responsible party can also be a careless driver, a negligent contractor, a property owner, or a medical professional.
In most cases, payment is made through the at-fault party’s insurance provider rather than their personal finances. For example, in a car accident, the negligent driver’s auto insurance typically covers damages.
On the other hand, in a medical malpractice case, the hospital’s liability insurer pays the claim.
How Insurance Companies Pay
Insurance coverage provides finances to support wrongful death settlements. Liability insurance, including auto, business, or medical, pays for damages up to the policy’s limit. If the claim exceeds those limits, victims may pursue additional compensation directly from the at-fault party or other liable sources.
Insurers often try to minimize payouts by disputing fault or undervaluing losses. A wrongful death attorney can review the relevant policies, calculate damages, and negotiate with insurers to secure the maximum available compensation.
When Multiple Parties Share Liability
Some wrongful death cases involve several parties who share fault for the fatal incident. For example, both a trucking company and its driver might be responsible for a deadly crash, or a hospital and a doctor can share blame in a medical negligence case.
Under shared fault rules, each party contributes to the settlement in proportion to their percentage of fault. Identifying all responsible entities can help your family recover the full amount owed, especially when one insurer’s coverage is limited.
Other Possible Sources of Compensation
If insurance coverage doesn’t cover your losses, other financial sources may be available. These can include the liable party’s personal or business assets, as well as uninsured or underinsured motorist coverage.
A wrongful death attorney can explore government claims if public entities are involved. In some cases, victims’ families may also recover compensation through wrongful death trust funds. An experienced wrongful death lawyer can help identify and pursue all possible recovery options.
Who Can File a Wrongful Death Suit
Wrongful death laws vary by state, and most jurisdictions restrict who can file these lawsuits. The regulations prevent conflicting claims and ensure proper distribution of compensation. Here are potential parties who can file a wrongful death lawsuit:
Immediate Family Members
Surviving spouses typically have the primary right to file wrongful death claims in most states. State laws recognize the profound financial and emotional loss spouses suffer when losing their life partner.
Children of the deceased, whether biological or legally adopted, also have a legal standing to file claims. In cases where no spouse or children survive, parents of unmarried deceased individuals can also initiate wrongful death claims.
Personal Representatives and Estate Executors
Many states require wrongful death lawsuits to be filed by the deceased’s estate representative or executor appointed through probate court. The personal representative acts on behalf of all beneficiaries.
Their work is to consolidate all claims into a single action to prevent multiple conflicting lawsuits. The representative pursues compensation that will ultimately be distributed to eligible family members in accordance with state law and the terms of the settlement.
Trust Our Experienced Attorneys to Handle Your Wrongful Death Claim
While losing a loved one due to negligence is heartbreaking, the proceeding legal process can add unnecessary stress. At Slingshot Law, our experienced Grand Junction personal injury attorneys are committed to handling every detail of your claim with care and professionalism.
We can hold your hand after the accident and fight to secure the compensation your family deserves. Contact us online or at (866)647-1311 for a free consultation to discuss your case and learn how we can help pursue justice.
Wrongful Death Settlements Frequently Asked Questions
Chances of Winning a Wrongful Death Suit?
Wrongful death lawsuit success depends on proving that the defendant’s negligence directly caused the death. Strong cases with clear liability, compelling evidence, and substantial damages settle favorably or win at trial.
However, disputed fault, weak evidence, or shared fault reduces the chances of success. An experienced wrongful death attorney can support your case with strong evidence to maximize your likelihood of securing fair compensation.
How Long to Settle a Wrongful Death Suit?
Wrongful death settlements typically take one to three years, depending on the case’s complexity, liability disputes, and the progress of negotiations. Simple cases with apparent fault may resolve more quickly, while contested liability or litigation can cause delays.
What Happens if You Lose a Wrongful Death Lawsuit?
If you lose a wrongful death lawsuit, you typically won’t receive compensation, but the case doesn’t have to end there. A skilled wrongful death lawyer can review your case and help file an appeal.