The average wrongful death settlement in California can vary widely, typically from $500,000 to several million dollars, depending on the specifics of the case. Factors that influence the settlement amount include the deceased’s age, income, medical expenses before death, the circumstances of the accident, and the financial and emotional impact on the surviving family members. Each case is unique, so the settlement amount will ultimately depend on individual circumstances.
If you have questions about wrongful death settlement amounts or are unsure where to turn after losing a loved one to a preventable accident, contact our team of compassionate wrongful death attorneys at Ellis Law. We use our extensive knowledge of California wrongful death laws and fight for your right to recover the compensation you need to rebuild your life. We will make the process as stress-free as possible for you. Schedule a free consultation today.
What are the Elements of a California Wrongful Death Claim?
In every wrongful death lawsuit, the burden is on the plaintiff and their California injury lawyer to prove the following four elements of negligence:
- Duty of Care: The defendant had a legal obligation to act with reasonable care toward the plaintiff. For example, a motorist has a duty of care to follow the rules of the road.
- Breach of Duty: The defendant failed to meet that obligation through action or inaction. Using the above example, the defendant drove while intoxicated, which would be considered a breach of duty.
- Causation: The defendant’s breach directly caused the death of a family member.
- Damages: The family incurred measurable economic and non-economic financial losses.
Damage awards are intended to make you and your family whole for those losses and are the basis for compensation. The stronger these elements, the better your ability to be reasonably and fairly compensated.
How do California Courts Calculate Wrongful Death Damages?
A significant percentage of wrongful death lawsuits are settled before they go to trial. However, the mechanisms that a court might use to calculate wrongful death damages will influence the settlement amount.
A California court will determine economic damages in a wrongful death case by calculating:
- Wages that the deceased would have earned, including potential future income.
- Medical costs and expenses.
- Funeral and burial costs.
- Loss of health insurance and pension benefits.
- The deceased’s age, health, life expectancy, and earning capacity.
Non-economic Damages
In California, non-economic damages for wrongful death include compensation for losses that don’t have a specific monetary value. They are tailored to the surviving family members and may consist of the value of household services, the loss of love and companionship, and the loss of guidance and support.
How Does Insurance Affect a California Wrongful Death Settlement?
California wrongful death settlements will inevitably depend on whether the negligent party had insurance and what it covers.
Among other insurance matters, a wrongful death attorney will investigate:
- When was the defendant’s insurance policy obtained, and what types of negligent conduct does it cover?
- What are the policy’s damages limitation, including the maximum insurance payout, and does it apply to unpredictable losses, such as impairment of future income opportunities?
- Are there multiple insurance policies that could apply to the defendant’s negligent conduct, such as auto and homeowners, umbrella coverage, or comprehensive general liability policies?
When it is clear a defendant was liable for a wrongful death, an insurer will often seek to settle the case quickly. However, it is typically an amount that is far below the full settlement that an aggrieved family might otherwise recover.
Before you accept a settlement offer from an insurance company, consult an experienced California wrongful death lawyer to understand how much compensation you are entitled to recover.
How Long Does a California Wrongful Death Lawsuit Take?
If there are no questions about a party’s negligence, a wrongful death lawsuit might settle within a few months after it is filed. However, when the facts are in question or involve multiple parties, it can last several years. Lawsuits that go to trial and then into the appeals process will inevitably take longer.
Contact Ellis Law for a Free Consultation
Wrongful death settlements and insurance payouts are never automatic. You will need legal assistance to properly investigate the accident, research available resources to pay damages, file lawsuits to claim damages, and negotiate with insurance companies to get the largest amount of compensation that is merited by the facts of your case.
We have recovered more than $350 million in damages for Southern California personal injury accident victims, including millions of dollars for the families of victims of fatal accidents. Please call our offices for a free consultation and answers to your questions about how a wrongful death settlement would be calculated based on the facts of your case. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation.
