How much you can get from a wrongful death lawsuit is specific to each case. Each award is determined separately. Factors that may impact case value include the strength of the legal claim, financial support provided by the deceased, and the loss of family relationships.
Some wrongful death lawsuits are worth $1 million or more. But each case is determined individually, so your case may be more or less than what’s average or typical.
Greenville wrongful death lawyer Bobby Jones Law explains how much you can sue for in a wrongful death lawsuit.
Understanding What You Can Get From a Wrongful Death Lawsuit
- What you can get from a wrongful death lawsuit is an award of compensation, also called damages.
- The law sets standards for how much compensation is appropriate.
- Compensation depends on how the individual circumstances apply to the case.
- A personal representative brings the claim on behalf of survivors.
- Compensation is not automatic; the personal representative must bring the claim and prove the appropriate award.
What you get from a wrongful death lawsuit depends on how you pursue it. How you bring your claim and the legal representation you have can both make a critical difference.
Types of Damages Available in a Wrongful Death Claim
The purpose of a wrongful death lawsuit is to award damages. Damages are the losses that survivors have because of the death of their loved one. In South Carolina, how much you can get for wrongful death is proportioned to the injury resulting from the death to the case beneficiaries.
In other words, a wrongful death lawsuit attempts to quantify the loss to the surviving family.
Loss of a family member is both financial and personal. Types of damages in a wrongful death claim include:
- Financial support was provided to the family
- Value of personal services provided to the family
- Medical bills
- Lost inheritance
- Value of personal support, guidance, and companionship
- Loss of consortium
- Pain and emotional anguish
- Funeral and burial expenses
Each category of damages is evaluated individually. For example, if survivors paid $50,000 in medical and burial expenses in their case, they may claim it. In another case, survivors may have paid $25,000 for last expenses. Each case may claim its respective amount. The total calculated amount will vary from case to case.
How Courts Calculate Economic vs. Non-Economic Losses
Some losses are economic. For example, if the deceased person provided financially for the family, the amount they earned can be totaled. It can include health benefits, likely promotions, and an expansive view of the person’s financial contributions. While economic damages are objective, there may be factual disputes.
Non-economic losses are more subjective. Emotional anguish can’t be measured with a calculator. Evidence of the closeness of the relationship may be important for non-economic damages.
Factors That Impact the Value of a Wrongful Death Case
Strength of the case
A claim starts with proving the right to compensation. There must be legal grounds, such as negligence, recklessness, or intentional harm. In most cases, including car accidents, personal injury, and other unexpected events, are considered accidents. Questions about any part of the claim—duty of care, breach of duty, or causation—may impact the value of the case due to the uncertainty of the strength of the claim.
Evidence of damages
To receive compensation, you must prove your case with evidence. Even when something is true, the person asserting the fact must have the evidence to present in their favor. Strong proof of damages can increase the value of a wrongful death case.
Comparative negligence
As with all personal injury cases, comparative negligence can apply in a wrongful death claim. If the victim shared fault because of their actions or lack of action, it may impact how much you can get from a lawsuit.
Insurance, assets to pay compensation
Ultimately, the survivors seeking wrongful death compensation must collect their award.
This is often done through insurance policies. Availability of assets, insurance, and other sources of compensation can impact what the survivors will get for their case.
How the law divides proceeds among multiple family members
Often, multiple family members benefit from a wrongful death lawsuit. How much any one person receives depends on how the proceeds are split. In some states, the jury makes an award to each person individually. In South Carolina, the jury awards a single sum. The total amount is split according to the wrongful death law. Understanding how wrongful death settlements are divided can help you understand what you may personally receive.
Pursuit of the case
To receive the maximum compensation for a wrongful death claim, you must diligently and strategically pursue the case. You must file the case and comply with deadlines as the case proceeds. If the defense files motions, you must respond. There can be a right time to settle the case, which can vary from case to case. A lawyer for wrongful death can represent you to aggressively and methodically manage your case.
Average Wrongful Death Settlement Amounts in South Carolina
Average wrongful death settlements may contain large, individual awards. What an average person receives may be more or less than what your case is worth. Don’t go by averages to guess what you may receive for a settlement. Ask a wrongful death lawyer for a personalized evaluation.
Legal representation matters in how much you may get for a wrongful death claim. A lawyer is a trained and experienced advocate who can identify the important issues and create a custom case plan.
The law in your state may vary
Most wrongful death lawsuits are decided under state law, and there is significant variation among states in how wrongful death damages are valued. This article focuses on South Carolina law. If a different state law applies to the case, the answer for your situation may be different.
Ask a lawyer for a personalized consultation about your situation.
Contact Us
Call or message Bobby Jones Law to talk about how much you may get from a wrongful death lawsuit.
