Losing a loved one is heartbreaking, and no amount of preparation can ease that pain.
When a death is caused by another party’s negligence or wrongful conduct, families are often left coping not only with grief, but also with anger, confusion, and unanswered questions.
After the initial shock, many families consider pursuing a wrongful death claim as a way to seek accountability and recover compensation for financial and personal losses.
While money cannot replace your loved one, it may help address medical bills, funeral costs, and the long-term financial impact of an unexpected loss.
Is There an Average Wrongful Death Settlement?
One of the most common questions families ask is whether there is an “average” wrongful death settlement.
The short answer is no. There is no universal or standard settlement amount for wrongful death cases. Every claim is shaped by its own facts, legal issues, and the laws of the state where the case is filed.
Available damages vary significantly from state to state. Depending on the circumstances, settlements may range from relatively modest amounts to sums reaching into the millions of dollars.
An attorney can review the details of your situation and explain the types of compensation that may be available under the applicable law.
Example of a Wrongful Death Recovery
*Wrongful death settlement obtained by VanDerGinst Law
$3,000,000 recovered for the family of a wrongful death victim
VanDerGinst Law obtained a $3,000,000 recovery for the family of a 25-year-old woman who was stabbed to death by an employee of an apartment complex. The claim alleged that the complex failed to properly investigate and supervise the employee, despite a documented history of violent criminal behavior.
*Results may vary. All cases depend on their individual facts and circumstances.
How Wrongful Death Settlements Are Calculated
Placing a monetary value on a life is difficult, and wrongful death claims involve both economic and non-economic considerations.
Factors commonly reviewed when calculating a settlement include:
- The age of the person who passed away
- Their health at the time of death
- Current income and employment history
- Future earning capacity
- Medical expenses related to the final injury or illness
- Funeral and burial costs
Not all losses are easily measured in dollars. In many cases, families also pursue compensation for non-economic damages.
These may include claims for loss of consortium and support, such as:
- Loss of companionship, care, and affection
- Loss of guidance or support
- The pain and suffering experienced by the decedent prior to death
Although these losses are deeply personal and significant, they often require detailed evidence to support the claim.
Factors That May Affect a Wrongful Death Settlement
Several legal and factual issues can influence the value of a wrongful death claim or limit recovery altogether.
Comparative Fault
In some cases, the person who passed away may have contributed in part to the incident that caused their death.
Depending on state law, this may reduce the amount of compensation available or, in certain situations, prevent recovery altogether.
Statute of Limitations
A statute of limitations sets the deadline for filing a wrongful death lawsuit.
In Illinois, wrongful death claims generally must be filed within two years of the date of death. Claims involving government entities may have shorter deadlines, sometimes as little as one year.
In Iowa, the statute of limitations is also typically two years, though claims involving establishments that serve alcohol or certain government entities may require earlier notice.
Cases involving criminal conduct, intentional acts, or defective products may involve different or extended deadlines depending on the circumstances.
Once the statute of limitations expires, families may lose the ability to pursue compensation through the courts.
Legal Representation
Wrongful death cases involve complex legal and evidentiary issues. Having legal guidance can help families understand their options and navigate the process.
An attorney can assist with investigating the incident, identifying responsible parties, and presenting evidence to support both economic and non-economic damages.
Support During a Difficult Time
Pursuing a wrongful death claim can be emotionally challenging. Compassionate legal support can help ease some of the burden while families focus on healing.
VanDerGinst Law has represented individuals and families in personal injury and wrongful death matters for more than 30 years.
If you have questions about a potential wrongful death claim, you may wish to speak with an attorney to learn more about your rights and options.
Contact VanDerGinst Law to schedule a free consultation.
