Losing a loved one due to someone else's negligence or wrongdoing is a devastating experience that can cause emotional turmoil and financial hardship to surviving family members. The latter can be overwhelming and partially avoided with a good personal injury lawyer skilled in wrongful death.
If you have suffered a loss, consult a wrongful death lawyer to determine your damages and discover how wrongful death settlements are paid in your state.
How Are Wrongful Death Settlements Paid Out?
There are generally two payment options for wrongful death settlements: lump-sum and structured settlements.
Lump Sum Settlement
Structured Settlement
A structured settlement occurs when the claimant and defendant voluntarily agree to pay and receive the settlement in installments. Depending on the terms of the agreement, payments may occur monthly, bi-annually, or annually.
Structured settlement payments are tax-free, so they aren't required to be reported to the IRS. A beneficiary can continue receiving payments if the claimant dies before the settlement is paid.
Some people opt for structured settlements to help discourage impulsive shopping, which quickly consumes large sums of money, and to ensure future income for basic needs.
What Damages Can You Seek Compensation for in a Wrongful Death Settlement?
Compensation can be sought for various damages, such as medical costs, income loss, lost inheritance, and property damages, in a wrongful death claim.
Medical Costs Attained Before Death
Medical expenses that the victim obtained before their death may be eligible for compensation in your wrongful death settlement. Some standard medical costs include:
- Emergency services
- Hospitalization
- Surgeries
- Doctor and specialist visits
- Home healthcare services
- Nursing facilities costs
- Pharmaceutical costs
- Medical devices
- Home modifications (ramps, chair lifts)
Hospice and end-of-life costs are astronomical, averaging $32,379 for the last month of life spent hospitalized and up to $17,845 for hospice care monthly. An experienced wrongful death attorney can recover these medical expenses in your wrongful death settlement. You shouldn't bear the burden of paying a single dime while grieving the devastating loss of a loved one.
Final Arrangement Expenses
Final arrangement costs can be overwhelming and are not the responsibility of survivors. Fortunately, damages, including funeral and burial or cremation costs, can be sought in a wrongful death suit.
Income Losses
Lost income can be one of the most significant economic damages awarded to survivors in a wrongful death settlement. The sudden loss of income and future earning capacity can be devastating to a survivor's finances. Recoverable income losses include:
- The victim’s lost income or salary
- The victim’s lost bonuses
- The victim’s lost benefits—health insurance, pension, retirement, and Social Security disability
- The victim’s future income—assessed on projected career trajectory, including potential promotions
The deceased person's age, education, occupation, marital status, and number of children or other dependents are considered when calculating lost income. Because calculating lost income can be complex, a wrongful death attorney may utilize assistance from actuaries, accountants, and employment experts to ensure maximum compensation.
Property Damages
Property damages entail any property damaged in an accident resulting in the wrongful death of a loved one. That includes vehicle damages and any damage to their home or personal property damaged or destroyed in the accident.
Lost Inheritance
If the deceased loved one was set to receive an inheritance but died before collecting it, you may be eligible to recover it. Discuss your circumstances with a wrongful death attorney, and they will advise you of possible outcomes.
General Damages
General damages are non-economic damages that are difficult to put a monetary value on because they don't have bills attached with numerical totals. Still, they are viable losses that you may recover. Common general damages in a wrongful death settlement include:
- Pain and suffering endured by the victim before their death
- Pain and suffering of survivors
- Mental anguish
- Loss of enjoyment of life and activities
- Loss of consortium (love, companionship, protection, comfort, marital relations)
- Loss of guidance and parental care
Most states have limits on how much non-economic compensation they will award in a wrongful death suit. Your personal injury lawyer can inform you of what realistic financial compensation you can expect regarding general damages.
Punitive Damages
Some states will award punitive damages in a wrongful death case if the defendant's actions were grossly negligent or malicious with the intent to harm. Punitive damages are intended to punish the defendant while deterring other offenders.
Who Is Eligible to Receive the Wrongful Death Settlement?
Many people are eligible to receive the wrongful death settlement. However, the general order of beneficiaries is as follows:
- Surviving Spouses and Domestic Partners: Surviving spouses typically are the first order of priority for those who can bring a wrongful death suit. Depending on which state you reside in, domestic partnerships may hold the same status as a surviving spouse.
- Children: Surviving children are the following eligible beneficiaries in a wrongful death settlement. State laws vary regarding step, adopted, and foster children.
- Parents: Surviving parents are primary beneficiaries, eligible for receiving a wrongful death settlement, provided the victim was a minor or unmarried with no children.
- Secondary Beneficiaries: Secondary beneficiaries are extended relatives or people who are not related to the deceased but are financially dependent on them.
Additionally, a personal representative or executor appointed by the deceased person in their will has the right to the wrongful death settlement. If there is no will to the victim’s estate, a court will designate the most qualified family member requesting to be the administrator. The administrator will become the one eligible to file a wrongful death claim.
How Long Does it Take to Settle a Wrongful Death Case?
The timeline of a wrongful death case varies from a few months to several years. Several factors influence how long it takes to settle, such as:
- Complexity of case
- Type of wrongful death case
- Length of investigation
- Negotiations with insurance companies
- Length of navigating the legal system
A wrongful death lawyer can give you a more personal timeline after learning the specifics of your case.
Hire a Wrongful Death Attorney
Seek a free consultation with a reputable personal injury law firm in Winder, GA to discuss the details of your case. They will provide a comprehensive legal understanding of your rights, eligibility, and how wrongful death settlements are paid in your state.