Understanding How Wrongful Death Settlements Are Calculated
When a loved one’s life is lost through the negligence of another person, no amount of money can compensate you for your loss. A wrongful death claim is a legal way to seek justice for your loved one and help protect your family’s future. But you might have questions.
How are wrongful death settlements calculated? Typically, settlement amounts are based on the losses suffered by surviving family members due to the death. But more is involved.
What Is a Wrongful Death Settlement?
A wrongful death settlement is a resolution to a wrongful death claim. A settlement agreement is reached between the liable party and the surviving family members of the person who tragically died through negligence or wrongdoing.
More than financial compensation, this settlement is an acknowledgment of the injustice and profound loss experienced by the survivors. It holds responsible parties accountable, provides financial security, and allows family members to focus on healing.
Definition and Legal Basis
In a legal context, wrongful death is a civil action brought by family members or dependents against a party or parties who knowingly or negligently caused the death of a person. It allows these individuals to seek compensation for losses and damages resulting from the death.
The legal basis for a wrongful death case in Texas is found in the Civil Practice and Remedies Code, Chapter 71.
Common Causes of Wrongful Death
A wide range of circumstances involving negligence or misconduct can lead to wrongful death, including the following common causes:
- Fatal car accidents: Distracted driving, reckless driving, intoxication, and other dangerous driving behaviors can play a tragic role.
- Medical malpractice: In the most recent year for which statistics are available, insurance companies paid out more than $3 billion in medical malpractice claims in the U.S., as reported by Diederich Healthcare. An alarming 32% of that amount was for medical malpractice that resulted in death.
- Workplace incidents: In industries such as construction, manufacturing, and transportation, wrongful death can result from unsafe working conditions, inadequate training, or equipment failure.
- Defective products: Manufacturers, designers, and others on the chain of distribution have a legal duty to ensure consumer products are safe for use. Faulty design, manufacturing errors, and insufficient warnings can lead to fatal injuries.
Key Factors in Calculating Wrongful Death Settlements
Calculating a wrongful death settlement is a complex process that considers tangible and intangible factors. Key elements of these calculations include the deceased’s age and earning potential and the emotional support they provide to family members. Settlements in wrongful death claims typically include more than one type of damages.
Economic Damages
Economic damages are designed to cover quantifiable monetary losses suffered by surviving family members because of the wrongful death. They often include the following:
- Medical expenses incurred before death
- Funeral and burial expenses
- Income loss
- Benefits loss
Non-Economic Damages
Non-economic damages address intangible losses suffered by families of wrongful death victims. They are designed to compensate survivors for emotional suffering, mental anguish, and loss of companionship and consortium caused by the untimely death.
While no financial award can heal the pain, these damages provide some measure of solace and recognition of profound grief.
Punitive Damages
Punitive damages in civil actions are not designed to compensate victims. Their distinct purpose is to punish the offender for particularly egregious behavior and deter similar future actions.
This type of damages is reserved for cases where the offender’s conduct was reckless, malicious, or intentional. Examples may include a traffic fatality caused by a drunk driver or death caused by a dangerous product that a company knowingly sold.
Examples of Wrongful Death Settlements
Wrongful death settlements can vary widely, depending on the circumstances of the case. They are usually shaped by the lasting impact on surviving family members and the degree of negligence involved. These settlements are designed to address the financial and emotional toll of wrongful death.
High-Profile Cases
One of the most high-profile wrongful death cases in recent history was filed against former professional football player O.J. Simpson by the families of his ex-wife Nicole Brown Simpson and her friend Ronald Goldman after O.J. was acquitted in a criminal trial for the murders of those two individuals. The plaintiffs in the civil case obtained a judgment of $33 million.
In another case, a Texas jury awarded $105 million to the family members of Gustavo Lopez, Sr., who was killed when a truck driver transporting Amazon freight rear-ended his vehicle. The 18-wheeler was operated by a driver who was not licensed, trained, or background checked. The award included $42 million in compensatory damages and $63 million in punitive damages, making it one of the largest wrongful death verdicts in the state.
In the case of the Estate of Taylor Goven v. Jordan Morsette, the jury awarded $1.27 billion to the plaintiffs. In June 2015, Jordan Morsette caused a crash that killed two people and catastrophically injured another while driving with a blood alcohol content (BAC) of 0.295%—three times the legal limit.
Average Settlement Amounts
Settlement amounts in wrongful death cases can vary significantly. Calculations may involve factors such as the circumstances of the death, the extent of negligence or wrongdoing, the age and earning potential of the victim, and the financial and emotional impact on surviving family members.
The average amount awarded can range from tens of thousands to several million dollars. Each case is unique. But an experienced wrongful death lawyer can help assess the potential value based on the specific factors involved.
How a Wrongful Death Law Firm Can Help After the Loss of a Loved One
When a loved one dies due to someone else’s negligent or intentional actions, a Houston wrongful death attorney can provide invaluable support during a difficult time, navigating the legal complexities while you heal. We can investigate the circumstances of the death, gather evidence to support your claim, and deal with insurance companies to take the burden off grieving family members.
At DK Law, we fight for justice, holding responsible parties accountable and securing compensation for survivors’ emotional and financial hardships. For legal assistance with your settlement, contact our wrongful death law firm in Texas at (281) 402-8856.