This post was brought to you by Munley Law® –  Personal Injury Lawyers

How Are Wrongful Death Settlements Paid Out?

Losing a loved one due to someone else’s negligence devastates families. Understanding how wrongful death settlements are paid out helps families secure justice and financial stability. These settlements compensate families for the emotional and economic hardships caused by the loss. This guide explains the payment process and details how settlements are calculated, who receives them, and what factors influence payout timelines. Learn more about our Scranton wrongful death attorneys here.

A wrongful death settlement is a legal resolution that provides compensation to family members or dependents of someone whose death was caused by another person’s negligent or intentional actions. It is a civil claim that aims to address the financial and emotional losses resulting from the deceased’s passing.

These claims can be pursued even if the responsible party faces criminal charges for the same event. Notably, the standard of proof in a civil wrongful death case is lower than in criminal cases, meaning liability can be established even if the person is not convicted of a crime.

Wrongful death settlements are governed by state laws, which outline:

• Who Can Benefit: Typically, this includes spouses, children, and, in some cases, parents, siblings, or other dependents.
• Damages Awarded: These may cover:
  • Economic Losses: Lost wages, future earnings, and financial support.
  • Non-Economic Losses: Pain, suffering, and loss of companionship.
  • Funeral and Medical Costs: Expenses directly related to the death.
  • Punitive Damages: In some states, additional damages may be awarded for reckless or intentional actions.

How Wrongful Death Settlements are Paid Out?

Wrongful death settlements are typically disbursed through two primary methods: lump sum payment and structured payment.

• Lump Sum Payment

A lump sum payment provides the settlement amount in one upfront payment. This method allows the beneficiaries of the wrongful death claim to access the entire compensation at once.

• Structured Settlement

A structured settlement divides the wrongful death compensation into periodic payments over a specific timeframe. These payments ensure financial security for the beneficiaries over the long term.

Which Option is Better for Wrongful Death Settlements?

The decision between a lump sum payment and a structured settlement depends on various factors:

1. Immediate Financial Needs: A lump sum payment may be best if the family has urgent expenses, such as medical debts or funeral costs.
2. Long-Term Security: A structured settlement provides consistent income if beneficiaries prefer financial stability over time.
3. Spending Habits: A structured settlement benefits families concerned about mismanaging a large sum.
4. Tax Considerations: Understanding the tax implications of each payment method is crucial. Consulting a tax professional can help avoid surprises.

How Is a Wrongful Death Settlement Calculated?

Determining the value of a wrongful death settlement involves a comprehensive evaluation of both economic and non-economic factors.

Key Factors in Determining Settlement Value:

Lost Income and Benefits:

• Earning Capacity: The deceased’s potential future earnings, considering their age, occupation, skills, and expected career trajectory, are assessed to estimate the financial support they would have provided to their dependents. 
• Benefits: This includes the value of lost benefits such as pensions, health insurance, and other employment-related perks that the deceased would have contributed to their family.

Medical and Funeral Expenses:

• Medical Costs: Expenses incurred for medical treatment before death are considered.
• Funeral and Burial Costs: Reasonable expenses for funeral and burial services are included in the settlement calculations.

Emotional and Psychological Losses:

• Loss of Companionship: Survivors may be compensated for the loss of love, companionship, comfort, and guidance the deceased provided.
• Emotional Distress: The psychological impact and emotional suffering experienced by the family due to the untimely death are factored into the settlement.

How Long Will It Take to Get Paid?

The duration to receive payment from a wrongful death settlement varies based on several factors. The legal process involves multiple stages, including investigation, negotiation, and potential litigation, each contributing to the timeline. Settlements can occur at any point during this process, sometimes resolving before a lawsuit is filed, while in other instances, they may conclude shortly before or during trial proceedings. 

Proving a Wrongful Death Claim Successfully

To successfully prove a wrongful death claim, you must establish four key elements:

1. Duty of Care: Demonstrate that the defendant owed a legal obligation to the deceased to act with reasonable care. For instance, drivers have a duty to operate vehicles safely to prevent harm to others.
2. Breach of Duty: Show that the defendant violated this duty through negligent or intentional actions. This could involve reckless driving or failing to adhere to safety protocols. 
3. Causation: Establish a direct link between the defendant’s breach of duty and the death of your loved one. It’s essential to prove that the defendant’s actions were the proximate cause of the fatality.
4. Damages: Provide evidence of the losses suffered due to the death, such as medical expenses, funeral costs, lost income, and emotional distress.

Understanding Wrongful Death Settlements

Understanding wrongful death settlements helps families plan their financial future after a loss. These settlements compensate for lost income, benefits, medical expenses, funeral costs, and emotional suffering. Payments may be received as a lump sum for immediate financial relief or structured payments for long-term stability. 

Securing a settlement requires proving negligence, establishing damages, and meeting legal requirements. Consulting an experienced attorney ensures your case is handled effectively, providing justice and financial security. Take action today to safeguard your family’s future after a wrongful death.

Munley Law® GMB – Profile

Munley Law® Personal Injury Attorneys is a Pennsylvania law firm with over 60 years of experience representing families in wrongful death and injury cases. 

Munley Law® has a detailed Google Profile outlining all its practice areas.

Lost a loved one due to negligence? – Call Munley Law.

Wrongful Death

Wrongful Death Attorneys Scranton PA

Wrongful Death Lawyer Scranton PA

Wrongful Death Attorney Scranton PA

Wrongful Death Lawyers Scranton PA

 

Personal Injury

Personal Injury Attorneys Scranton PA

Personal Injury Attorney Scranton PA

Personal Injury Lawyers Scranton PA

Personal Injury Lawyer Scranton PA

 

https://sites.google.com/compbizblog.com/munley-law-persl-injury/home

 

https://drive.google.com/drive/folders/12KnON4Uoh15dNkl_kMOo6PnAz_-puMuw

 

https://docs.google.com/forms/d/15goVq1DdkXKG7O4fQ8NlfOGI1C7YTazhFpq1o3eJYpY/viewform?edit_requested=true

 

Call Munley Law if you lost a loved one in Scranton, PA, due to negligence. 

Attorney Advertising: The information contained on this page does not create an attorney-client relationship nor should any information be considered legal advice as it is intended to provide general information only. Prior case results do not guarantee a similar outcome.