Wrongful death claims often involve significant claims for damages. As such, settlements are often pretty substantial. Even so, your case is unique and may or may not align with what might be considered a typical settlement.
An average settlement for wrongful death claims is often hard to decipher because settlements for such grievous claims are often kept private. Even so, damages in wrongful death claims are often substantial, and settlements should reflect the gravity of the situation and the loss. Wrongful death settlements often come down to a few key factors, including the damages your loved one suffered, the damages you and your family experienced, and how your loved one passed away. Our team of legal professionals can help you use evidence and effective negotiation strategies to secure the largest possible settlement for you and your family.
Schedule a free evaluation of your case and potential settlement by calling (410) 694-7291 and speaking to our Maryland wrongful death attorneys at Rice Law.
Typical Settlements for Maryland Wrongful Death Claims
Wrongful death claims are significant, and the compensation a plaintiff receives should reflect the magnitude of their loss. Claims involving death often result in large settlements. A wrongful death claim is no different. An average settlement, although likely high, is hard to pin down since each case is different and may involve unique factors and evidence.
Restrictions on Damages
Settlements might be restricted by certain limits on damages, depending on your situation. For example, if your wrongful death claim is based on medical malpractice, non-economic damages might be limited, according to Md. Code Cts. and Jud. Proc. § 3-2A-09(b)(1). Under this law, non-economic damages for medical malpractice are currently capped at $875,000. A settlement in this case should account for non-economic damages, but the defendant is unlikely to agree to pay more than what is limited by law.
Your Specific Situation
Talk to your attorney about your specific situation and how your loved one passed away. If there are limits on damages, your attorney can help you make sure your settlement is as close to the maximum as possible. If there are no limits, your lawyer can try to get you as much compensation as possible.
How Settlements in Wrongful Death Cases Are Determined in Maryland
A settlement for a wrongful death claim should be relatively high. Even if economic costs from the accident and other expenses are minor, losing a loved one is huge and deserves significant compensation. To maximize your settlement, our Aberdeen wrongful death attorneys can review your case for the following factors and use them to try and get the best settlement possible.
Damages Suffered by Your Deceased Loved One
People often think of the losses and damages they and their families have faced since losing a loved one, but these are not the only damages you can claim. Even though your loved one is gone, their own claims for damages may live on through your case. You can claim damages for the losses and injuries your family member suffered before they passed away. In some cases, these damages can be quite large.
A common example is when a loved one passes away after a car accident. Suppose they were rushed to the hospital, where emergency medical treatment was administered before they eventually succumbed to their injuries. In such a case, you can claim the cost of your loved one’s medical care as part of the damages in your wrongful death claim. You can also claim the value of their damaged vehicle.
Damages Your Family Experienced
Of course, the damages and losses experienced by you and your family are extremely important and may make up a large portion of your settlement. First, you should discuss the economic losses your family member’s death caused. For example, your loved one might have provided you with caregiving services. With them gone, you have to pay for those services from someone else, which can be very expensive. If your loved one provided income to your household, you can claim the value of that lost income.
Non-economic injuries may also be considered. If you lost a spouse, you might claim the loss of consortium or companionship. Children who lose parents can claim lost guidance and parental affection. These experiences can be painful, but they are ultimately subjective. As such, settlements tend to vary.
The Cause of Death
We should also look at the cause of your loved one’s passing. In cases where the cause of death is unsettling or upsetting, defendants might be eager to settle out of court rather than face the wrath of an emotional jury.
The cause of the death and the defendant’s behavior might also influence whether punitive damages are available. In Maryland, punitive damages are available only when defendants acted with actual malice. Actual malice is usually defined as an evil motive or intent. If actual malice is present in your case, punitive damages might be significant, and a good settlement should account for that.
How to Maximize a Potential Settlement in a Wrongful Death Case in Maryland
Ultimately, a settlement might come down to two crucial factors: evidence and negotiation skills.
Evidence
Evidence is crucial in settlement negotiations. While there is no burden of proof in settlement talks, you still need enough evidence to show your claims are valid and that compensation is warranted. The more evidence you have, the more leverage you have to get a higher settlement.
Negotiation Strategy
Evidence does not mean much if your attorney does not have the negotiation skills to use it effectively. Often, defendants try to minimize settlements and make low offers in the hopes that unwary or tired plaintiffs will accept them. Our team has the skills and experience to fight for the best settlement possible.
Key Factors That Affect a Maryland Wrongful Death Settlement
Wrongful death settlements are often complex due to their sensitive nature. While such settlements are substantial, many factors may influence the final value.
Economic Costs and Losses
First, we must consider the pecuniary losses that directly stem from the wrongful death of your loved one. We may consider funeral and burial costs, in addition to other end-of-life arrangements. Next, we should consider the financial losses your family must endure. If your deceased loved one contributed to your household financially, we may claim the value of their lost earnings and income. If they provided important services to others, like caregiving, you may claim the value of those services, too.
Details About the Victim
Next, we should think about specific details about your loved one. Their age, health, expected lifespan, earning potential, and a range of other personal factors may influence the settlement. Generally, when a deceased person is younger, settlements are higher because they likely had a long life ahead of them.
Type of Accident or Incident
The nature of the accident or incident that caused your loved one’s wrongful death should also be heavily considered. While some accidents are tragic, others are downright inexcusable. For example, medical malpractice cases that cause wrongful deaths often lead to huge settlements because the doctor was in a highly trusted position of power and authority. They are also held to much higher standards because of the nature of their field.
FAQs About Wrongful Death Settlements in Maryland
What is the Average Wrongful Death Settlement in Maryland Worth?
It is hard to pinpoint a single average settlement for wrongful death lawsuits as they vary so significantly. In general, wrongful death claims may be worth substantial compensation, but the factors surrounding the case and your loved one’s cause of death will ultimately determine the settlement. For example, wrongful deaths from car accidents often exceed six figures, while medical malpractice wrongful deaths can be worth millions.
What Factors Influence the Value of a Wrongful Death Settlement?
Many factors may influence your settlement. The cause of death is one of the most important factors, and more outrageous, shocking, or heinous behavior from the defendants often leads to greater claims. Your loved one’s personal profile, such as their age, health, and earning potential, may also be important considerations.
Who Pays a Wrongful Death Settlement?
Exactly who pays depends on the situation. Often, insurance companies will pay. For example, if you sue a doctor or hospital for medical malpractice, there is often insurance specifically designed for such cases. However, when suing an individual, they may end up paying substantial out-of-pocket costs, depending on their financial situation.
Do I Have to Accept a Wrongful Death Settlement?
No. Settlements are common in many civil claims, including wrongful death, but they are not mandatory. Even if the defendant offers a settlement, you are free to reject it for almost any reason. You can reject a settlement for being insufficient or because you want justice in a courtroom.
Do I Need a Lawyer to Get a Wrongful Death Settlement?
You are not required to hire an attorney, but you should. Handling something as complex as a wrongful death lawsuit on your own is a recipe for disaster. You should hire an attorney with the skills, knowledge, and experience necessary to handle such a complex and delicate legal claim.
What if a Wrongful Death Settlement is Insufficient?
If the settlement offered to you is simply not enough, you can and should reject it. Your attorney can help you return with a much higher counteroffer. They should also present evidence to justify your claims for a higher settlement. When evidence is strong and compelling, defendants may back down and offer more, especially if they do not want to risk a humiliating defeat in court.
Contact Our Maryland Wrongful Death Lawyers About a Settlement for Your Case
Schedule a free review of your claims and potential settlement by calling (410) 694-7291 and talking to our Baltimore wrongful death lawyers at Rice Law.