What is the average settlement for a wrongful death? While there is no meaningful average, your settlement value will depend on factors such as the types of damages claimed, the deceased’s age, earning capacity, degree of liability, and family structure.
Consult a Salt Lake City wrongful death lawyer to discover your legal options and the potential value of any settlement you might receive.
Damages in a Wrongful Death Lawsuit in Utah
After a family member passes away in an accident, there are two types of lawsuits that seek compensation from defendants: a wrongful death lawsuit and a survival action. The different types of damages available illustrate why trying to calculate an average settlement for wrongful death is not particularly helpful.
Wrongful Death Lawsuits
Wrongful death lawsuits seek to address, to some degree, the consequences family members face after losing someone close to them. Types of damages include:
- Funeral and burial costs
- Loss of income the deceased would have contributed to the household
- Loss of services to a family. For example, childcare
- Loss of companionship and family relationships
- Trauma and emotional distress following the tragic loss of a family member
Compensation from a wrongful death lawsuit may help surviving family members maintain financial stability after losing someone who played an important role in supporting the household. Proceeds are paid directly to surviving family members.
Survival Actions
Survival actions address damages the deceased person could have claimed if they had survived. They include elements like:
- Medical costs prior to death
- Any loss of earnings while they were hospitalized
- Pain and suffering due to their injuries
The proceeds of a survival action are paid to the deceased’s estate and distributed according to their will or probate law.
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Age and Earning Capacity as Factors Influencing Wrongful Death Settlements
Since the potential financial contribution a decedent would likely have made to a household is an element of wrongful death claims, their age and earning capacity are key points to consider.
How Age Affects Average Settlements in Wrongful Death Cases
It’s logical that a younger person could be expected to have a longer working life than an older person. An assessment of lost earning capacity includes both their salary and their expected career trajectory. Benefits such as a pension would likely have accrued, contributing to the total loss sustained by surviving family members.
As a result, awards for lost earning capacity are often higher when a younger person passes away due to an accident. When the deceased was older or retired, economic losses often represent a smaller portion of the claim. At the same time, non-economic damages such as the loss of companionship, guidance, and emotional support may receive greater emphasis.
Projected life expectancy can also be a factor. When calculating lost earnings, actuarial tables indicate projected life expectancy, factoring in the deceased’s health, lifestyle, and pre-existing medical conditions. When filing a wrongful death case for lost income, you may need help from an experienced attorney.
How Earning Capacity Influences Wrongful Death Settlement Averages
Income and benefits are clear indicators of a household’s financial loss. Legal teams may consult experts to estimate future earnings and less obvious benefits, such as bonuses, health insurance, and pension packages.
Current employment is not necessarily a requirement. For example, a person completing a college degree can expect a fruitful career later on, especially if there is high demand for their qualification in the job market.
Household services are also recognized as having financial value. For example, the loss of a family member who cared for children and the household often has severe financial implications. Paying someone else to undertake these services so that you can continue working, or leaving employment to care for the home and family, is costly.
How Degree of Liability and Modified Comparative Fault Rules Affect Wrongful Death Settlements
In some cases, the deceased person made mistakes that contributed to their fatal accident. The principle of modified comparative fault set out in Utah Code § 78B-5-818 applies. Under this law, a family can claim a settlement for wrongful death if the decedent was less than 50% to blame for their accident.
Any settlement received will be reduced by the deceased person’s percentage of fault. For example, if they were 20% at fault, their family can recover 80% of their damages. Comparative fault is another reason there is no meaningful average wrongful death settlement.
Because fault determinations often have serious financial consequences, fault is often aggressively disputed in wrongful death cases. This is especially true in complex cases such as suing for wrongful death after a car accident. Disputes about fault have the potential to be extremely upsetting for family members, but a wrongful death attorney can handle it on their behalf.
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Family Structure and Wrongful Death Settlements in Utah
In Utah, only one lawsuit can be filed on behalf of all heirs. Typically, the surviving spouse has precedence, but the deceased’s children enjoy special protection. If there are children from a previous marriage, they should be taken into account.
Even if they are not financially dependent, the loss of love, advice, and companionship can mean they have suffered a significant loss for which they should be compensated. Although providing for a child from a previous marriage might seem like a competing interest, it sometimes increases the overall settlement value.
A person filing a wrongful death claim is legally obliged to notify children from a previous marriage, allowing them to participate. Involving them does not necessarily decrease the compensation received, but failing to offer the opportunity to participate can lead to litigation against beneficiaries.
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Wrongful Death Claims are Complex and Professional Representation is Advisable
Wrongful death claims involve complex legal and financial issues. Determining liability, calculating damages, and identifying eligible beneficiaries all require careful legal analysis. At Siegfried & Jensen, we understand that the average wrongful death settlement is not relevant to your case.
Specifics matter. Your personal situation after the loss of someone close to you is of importance. Your case should be tailored to your circumstances and your needs. Allow us to evaluate your wrongful death case so that you can make informed decisions. Contact us today.
Call or text (801) 266-0999 or complete a Free Case Evaluation form