How many dollars is a typical settlement in a lawsuit for wrongful death by auto against the driver?

Question

Ronald A. Steinberg · Answer

Who died?  A professional person making $750K per year and only 35 years old?  Or was it someone making minimal wages?  Have a family? Instant death or did it take a slow and painful path to death?  Get it?  Only someone with all the answers can give you an opinion.  Oh, yes, have all of the witnesses been deposed so that there are no surprises if the case goes to trial?

Georges Shers · Answer

There are many factors that have to be considered so with the limited information you give no helpful response can be made. One major consideration is how much insurance does the other driver have and whether the deceased driver has underinsured liability coverage. What was the person's age, health, income, etc. You need to find out the insurance information first and then see if a personal injury attorney is worth getting; if there is only $100,000 in total coverage and the other driver has no assets, their insurance company is likely to offer the policy limits without your having to pay an attorney 33% of the recovery. Fees are negotiable, although most attorneys are not willing to do so. It may be cheaper just to pay an attorney on an hourly basis then as a percentage; if the attorney you like will not do it only an hourly basis, point out that it they will not then you will have to go to another attorney for representation.

Keith S. Franz · Answer

This is a simple question that calls for a thoughtful and complete answer. First, let me express my condolences for your loss. I hope the family is gaining strength from the presence of those who love them.   Under Maryland law there is no limit to the amount that can be awarded for economic damages such as future lost earnings on account of the loss.  There are limits or "caps" on the amount of non-economic damages in MD such as grief at the loss of the loved one. The amount of the cap depends on when the wrongful event took place.   This case really requires you to consult an attorney who is well versed in wrongful death matters including the ability to open the estate, be with you throughout the criminal trial and vigorously pursue the civil claim for wrongful death.  These matters should be discussed promptly as preserving evidence is critical. I wish you well in your efforts to obtain accountability from the negligent driver and in coping with your loss.

Gary Platt · Answer

There is no "usual" amount of settlement (and do NOT trust anyone  who says  otherwise).  A settlement depends on a huge amount of facts  including the  relationship between the deceased and the family members who are  suing for  wrongful death, the extent the deceased provided for financial support  for  the plaintiffs, and a lot of other things.  An attorney can only tell  you  APPROXIMATELY what your case might be worth after analyzing ALL of the   important facts.

Gregory Janks · Answer

No "typical" settlement # in Michigan. Depends on all facts,  circumstances and evidence available.

Matthew Kaplan · Answer

Let me say that I am very sorry for your loss.  There a lot of factors that go into the analysis.  Who was the deceased person?

J. Michael End · Answer

In Wisconsin, there is a cap of $350,000 for damages for loss of society and companionship of the deceased person.  The estate of the person may have a claim for the person's pain and suffering resulting from the negligence.  If the deceased person was employed and his or her income was being used to provide support for a family member, the family member may be entitled to recover compensation for those damages.  The deceased person's estate is also entitled to recover medical bills caused by the negligence.  Thus, the recovery can be as low as $350,000 but can be in the millions of dollars if the person suffered a lot of pain or if the person was a wealthy person who contributed to the support of a family member.

James Eugene Hasser · Answer

I don't know of any statistics available to the public on that. I can tell you that every case is different and the verdicts and settlements vary from place to place. For instance, I think at one point in time, the largest verdict was $15M in Mobile County whereas in Tuscaloosa county the largest is $2.5M. As you can see, that's a big difference. Talk with an experienced personal injury lawyer where you live. Good luck.

Hamed Yazdanpanah · Answer

There are multiple factors that go into answering your question.  You will require the aid of counsel to detail further answers to your questions.

Brett Rosenthal · Answer

There is no such thing as "typical" in a personal injury suit, especially a wrongful death suit because the damages are a measure of the loss to the heirs of the decedent. Factors include things like whether or not the decedent was providing financial support to the particular heir, i.e. spouse, children, parents. Damages can be quite substantial if that is the case.

Erven Nelson · Answer

It could be many thousands or possibly millions of dollars.  It depends on the age, earning capacity and family situation of the dead person.

Paul Whitfield · Answer

There is no "typical" settlement. If the case is one of clear liability, then damages are based  on the age of the person , his earning ability, his living expenses and a rough computation of what he might be worth to his heirs. Whatever that figure is plus some small considerations for loss of companionship etc will be the figure you demand perhaps. But what the insurance company is willing to pay may be another matter. there are so many factors to be considered you wont ever get to a "typical" anything/ I have known of cases as low as 18000 for the life of a marine to  $125000  and many numbers in between. Juries never seem to give what a life is really worth. injuries often bring higher verdicts than deaths. See a good lawyer and take his advice about how to proceed.

Eric Farber · Answer

Something like this takes much more to analyze.  There is nothing standard about these cases.  You are welcome to call us for an evaluation of the claim.

John Hone · Answer

There is no average value.  It depends on the facts, primarily: 1) The insurance policy limits; 2) the type of vehicle:  if it is a truck or commercial carrier the settlement is larger; 3)  the degree of liability, in other words- the negligence is not in dispute v. it is in dispute; 4) the time between the accident and the death 5)  the number of descendants; 6) where the accident happened.

John Turck · Answer

No such thing as "typical".  Depends on lots of factors, including whether the death was instantaneous or whether the dead person suffered, how many next of kin were left behind (and what kinds of relationships they had) and, probably most importantly, how much insurance is available. May also depend on if the decedent was comparatively negligent in causing the crash.

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How many dollars is a typical settlement in a lawsuit for wrongful death by auto against the driver?

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