While it’s a completely understandable question, there is no simple number or standard average wrongful death settlement. The value of each settlement is deeply personal and depends entirely on the unique circumstances of the case.
The purpose of a wrongful death claim is not to place a monetary value on a life, which is impossible, but to calculate the specific losses the surviving family members have suffered. This process involves a detailed look at many different factors, from financial contributions to the profound personal impact of the loss.
Key Takeaways about Average Wrongful Death Settlements
- There is no single "average" wrongful death settlement amount, as each case's value is determined by its unique facts and the specific losses experienced by the family.
- The Florida Wrongful Death Act outlines who is eligible to file a claim and what types of compensation, known as damages, can be recovered by surviving family members.
- Key factors influencing a settlement include the deceased's age and earning capacity, the financial and emotional support provided to the family, and the total of all related medical and funeral costs.
- Compensation in these cases is categorized into economic damages (measurable financial losses) and non-economic damages (intangible personal losses like pain and suffering).
- The at-fault party's insurance policy limits can significantly impact the final settlement amount that a family can realistically recover.
- Florida has a strict two-year time limit, or statute of limitations, for filing most wrongful death lawsuits, making timely action critical.
Why There Is No "Average" Wrongful Death Settlement in Florida
It’s tempting to search for an average settlement figure to get a sense of what to expect, but doing so can be misleading. Every person, family, and situation is different. The loss experienced by a family whose young child was killed in a pedestrian accident is different from the loss of a spouse who was the primary income earner, killed in a truck accident on I-95. The legal system recognizes these differences.
A settlement in a wrongful death case is calculated based on the specific damages suffered by the survivors. A "damage" is a legal term for a loss that can be compensated with money. Because these losses vary so dramatically from one family to another, the final settlement amounts also vary just as much. The goal is always to secure compensation that truly reflects your family’s specific losses, not to meet a national or statewide average.
Understanding Florida's Wrongful Death Act
In Florida, these cases are governed by the Florida Wrongful Death Act. This set of laws defines who can bring a claim and what kind of compensation can be sought.
A wrongful death claim is filed when a person’s death is caused by the wrongful act, negligence, default, or breach of contract of another person or entity. In simple terms, if the person who passed away could have filed a personal injury lawsuit had they survived, their family can likely file a wrongful death claim.
One key aspect of the law is who can file the lawsuit. It’s not filed directly by the family members. Instead, it must be filed by the personal representative of the deceased person's estate.
The personal representative is a person named in the deceased’s will or appointed by a court to manage their final affairs. This representative files the lawsuit on behalf of the estate and the surviving family members, who are the ultimate beneficiaries of any settlement or award.
Key Factors That Determine a Wrongful Death Settlement Amount
Several critical elements are carefully evaluated to determine the final value of a settlement. An attorney will gather evidence related to each of these areas to build a strong and comprehensive claim for compensation.
The Deceased Person's Earning Capacity and Financial Contributions
One of the most significant parts of any settlement is calculating the financial support the family has lost. This goes far beyond just the person’s last paycheck. It involves projecting what they would have earned over the course of their expected lifetime.
Key financial contributions that are considered include:
- Lost income and wages: The salary, bonuses, and other earnings the person would have provided.
- Loss of future inheritance: The amount the estate would have grown and been passed on to the survivors.
- Lost benefits: The value of health insurance, retirement contributions (like a 401(k)), and other employment perks the family has now lost.
- Lost services: The monetary value of services the person provided, such as childcare, home maintenance, or financial management.
These calculations often require the input of financial professionals, like economists, who can create a detailed report on the full extent of the family's economic loss.
The Relationship Between the Survivor and the Deceased
The emotional and personal losses are just as real as the financial ones, and Florida law allows for compensation for them. These are often called "non-economic damages" because they are not tied to a specific bill or receipt.
The value is based on the nature of the relationship. For example, a minor child who loses a parent can be compensated for the loss of parental guidance, instruction, and companionship for the rest of their childhood. A spouse can be compensated for the loss of companionship, comfort, and protection.
Medical and Funeral Expenses
Before passing away, the deceased person may have incurred significant medical bills from attempts to save their life. The family may have also paid for funeral and burial expenses. These are direct, calculable costs that can be recovered as part of the settlement. It is important to keep detailed records of all related expenses, including:
- Ambulance transportation
- Emergency room treatment
- Hospital stays and surgeries
- Funeral home services
- Burial or cremation costs
These tangible costs form a foundational part of the economic damages portion of the claim.
The Age and Health of the Deceased and Survivors
The ages and life expectancies of both the person who passed away and their surviving family members play a role. For example, the death of a 30-year-old with a spouse and two young children often results in a higher settlement than the death of an 85-year-old retiree.
This is because the younger person had a longer remaining life expectancy and more years of potential income and support to provide for their family. Likewise, the needs of young, dependent children are a significant factor.
The Circumstances of the Accident and Degree of Fault
The strength of the evidence proving another party’s negligence is crucial. A case where fault is clear-cut, such as a drunk driver causing a fatal collision, may be valued differently from a complex medical malpractice case where liability is heavily disputed.
Additionally, Florida follows a legal rule called modified comparative fault. According to this rule, a plaintiff who is found to be more than 50% at fault for their own injuries cannot recover any damages. If the deceased person is found to be partially at fault but less than 51%, the family can still recover compensation, but the total amount will be reduced by their percentage of fault.
For instance, if a settlement is valued at $1 million but the deceased is found 10% at fault, the final recovery would be reduced by $100,000, for a total of $900,000.
How Insurance Policy Limits Affect a Settlement
A major real-world factor that influences the final settlement amount is the at-fault party's insurance coverage. A negligent driver, for example, may only carry the minimum amount of bodily injury liability insurance required by law.
Even if a jury determines that a family’s damages are worth $2 million, if the at-fault driver only has a $100,000 insurance policy and no other significant assets, it may be difficult to collect anything beyond that policy limit.
This is why a thorough investigation is so important. An experienced legal team will work to identify all possible sources of recovery. This could include:
- Looking for umbrella insurance policies that provide additional coverage.
- Identifying other potentially at-fault parties (e.g., an employer if the person was working, or a manufacturer of a defective part).
- Investigating the assets of the at-fault individual or company.
Understanding the practical limits of insurance is a key part of setting realistic expectations for a settlement.
The Florida Statute of Limitations for Wrongful Death Claims
It is vital to be aware of the strict deadline for filing a wrongful death lawsuit in Florida. This deadline is known as the statute of limitations. For most wrongful death cases, the personal representative has only two years from the date of the person's death to file a lawsuit.
If a lawsuit is not filed within this two-year window, the family will likely lose their right to seek compensation forever. This deadline makes it important to speak with a wrongful death attorney in Coral Gables as soon as possible.
Building a strong wrongful death claim takes time. Evidence must be collected, witnesses may need to be interviewed, and financial experts must be consulted. Waiting too long can jeopardize your family's ability to seek justice.
Wrongful Death Settlement FAQs
We know you probably have many more questions about this process. Here are answers to some common ones we hear from families in South Florida.
Is a wrongful death settlement taxable?
For the most part, compensation received in a wrongful death settlement for personal physical injuries or physical sickness is not considered taxable income by the IRS. However, portions of a settlement for other damages, like lost wages, could potentially be taxable. According to IRS Publication 525, you should consult with a financial professional about the tax implications of your specific settlement.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates the surviving family members for their own losses, such as lost support and companionship. A survival action, on the other hand, is a claim brought by the estate to recover damages the deceased person could have claimed themselves if they had survived, such as their own pain and suffering before they passed away. In Florida, these two types of claims are combined into one single wrongful death lawsuit.
How long does it take to get a wrongful death settlement?
The timeline can vary significantly depending on the complexity of the case. A straightforward case with clear liability and a cooperative insurance company could potentially settle in several months. However, a complex case involving multiple defendants or a dispute over the cause of death could take several years, especially if it proceeds to a trial.
Can I file a wrongful death claim if the person at fault is facing criminal charges?
Yes. The criminal justice system and the civil justice system are two separate processes. A criminal case is brought by the state to punish a wrongdoer, while a civil wrongful death claim is brought by the family to obtain financial compensation for their losses. The outcome of the criminal case does not prevent you from pursuing a civil claim, and you can proceed with your claim at the same time.
Do I have to go to court to get a settlement?
Many wrongful death cases are resolved through a settlement before they ever reach a courtroom. A settlement is a formal agreement reached through negotiations between your attorney and the defendants (and their insurance companies). However, preparing every case as if it will go to trial is the best way to show the other side you are serious, which often leads to a better settlement offer. If a fair offer is not made, going to court may be the best option.
Contact Frankl Kominsky Injury Lawyers for a Compassionate Consultation
We understand that no amount of money can ever replace your loved one. However, a fair settlement can provide the financial resources your family needs to move forward and can deliver a powerful sense of justice by holding the responsible parties accountable. At Frankl Kominsky Injury Lawyers, our attorneys are dedicated to providing results-oriented representation to families throughout South Florida.
If you have lost a family member due to someone else's negligence in Boynton Beach, Pompano Beach, Port St. Lucie, or the surrounding communities, we are here to help. We are seasoned trial advocates who will assess the facts of your case, gather the vital evidence, and provide the knowledgeable representation you need. We speak Spanish and Creole. For a free, no-obligation consultation to discuss your case, please contact our office today.
