What Is the Average Settlement for a Wrongful Death Claim?

There is no “average” settlement for a wrongful death claim. The amount of money you receive is determined by many factors, such as:

• The cause of death
• The types of damages you seek
• Any relevant laws pertaining to your case
• The insurance company’s willingness or unwillingness to cooperate

If you recently suffered the loss of a loved one, our law firm can calculate how much compensation you may be entitled to receive and help you file a wrongful death claim or lawsuit.

Legal Representation Can Make Your Case Easier for You

Instead of trying to handle your case alone, let our law firm manage your case for you. When you decide to work with one of our attorneys, our legal team also offers to help you by:

Deferring All Payments

Our attorneys work for a contingency fee. This way, you do not have to worry about paying anything until you get compensation.

Building the Strongest Possible Case

It is important to support and strengthen your lawsuit with all available forms of evidence. Evidence we collect for you may include:

• Your loved one’s medical records
• Police reports (if applicable)
• Surveillance footage
• Relevant photos or videos
• Witness testimony
• Expert testimony

Filing Paperwork

Filling out forms is tedious and time-consuming. If you make any mistakes on your paperwork, your case may be rejected on technical grounds. Our legal team will handle paperwork when we represent you, which can include:

• Official notifications
• Settlement agreements
• Trial exhibits

Negotiating a Settlement

If you want to avoid a court case, a lawyer from our team can meet with the insurance company’s representatives to negotiate. They will argue aggressively for the money you need, and they will not let the insurance company get away with offering you an inadequate settlement.

Going to Trial

Unfortunately, there are some cases in which the insurance company will not negotiate in good faith. Your lawyer can then:

• Schedule the trial dates
• Submit trial exhibits
• Locate and cross-examine witnesses
• Deliver opening and closing arguments

Providing an Impartial Perspective

It is difficult – if not impossible – to think objectively about the death of a loved one. Our team can provide a professional but compassionate perspective when:

• You want us to answer questions or concerns about your case.
• You need help making an important legal decision.
• You need an honest assessment of your lawsuit’s status and chance for success.

You and Your Family Could be Entitled to Damages

A wrongful death claim can be filed by the spouse, children, parents, or a legal heir of the deceased. Who gets the money in a wrongful death lawsuit depends on several factors, including who files the claim and how the proceedings go. An experienced lawyer can offer further clarification about your eligibility for compensation.

In a lawsuit, you are allowed to sue for two types of compensation. Our firm can help you calculate the amount of money you should ask for in your lawsuit. Below are some brief examples of damages you may pursue in your wrongful death case.

Non-Economic Damages

You could qualify if:

• Your loved one suffered physically and emotionally before they passed away.
• The death has negatively impacted your emotional health and overall wellbeing.

Specific examples of non-economic damages include:

• Physical pain and suffering
• Mental pain and suffering
• Reduced quality of life
• Physical disability
• Intellectual disability
• Scarring or disfigurement
• Loss of consortium
• Loss of society or companionship

Economic Damages

You could qualify if:

• Your loved one received medical care or other assistance before they passed away.
• The accident negatively impacted your or your loved one’s ability to earn a living.
• You spent money to improve your loved one’s quality of life or to lay them to rest.

Specific examples of economic damages include:

• Medical bills
• Travel expenses related to medical care
• Funeral costs
• Attorney’s fees
• Loss of wages
• Loss of employment
• Loss of earning capacity
• Loss of financial support

Laws You May Have to Navigate

Depending on the specifics of your case, all or some of the laws described below may apply to you. A member of our firm can offer further guidance after reviewing your case.

The Statute of Limitations

After a wrongful death, you have the right to seek compensation for up to three years from the date of your loved one’s passing. Once the deadline passes, you may no longer be able to seek damages. This is according to South Carolina’s statute of limitations, found in S.C. Ann § 15-3-530.

Limits on Non-Economic Damages

If your loved one’s death occured because of medical malpractice, your ability to collect non-economic damages is strictly regulated. As stated in S.C. Ann § 15-32-220, medical malpractice victims can ask for a maximum of $350,000 in non-economic damages.

Comparative Negligence

Nelson v. Concrete Supply Company found that the amount of damages you can collect will change if a jury decides that your loved one was partially responsible for the accident.

Call Hammack Law Firm to Help You Build Your Wrongful Death Claim

There is no average settlement for a wrongful death claim, so let Hammack Law Firm help you by calculating the damages you qualify to receive. In one lawsuit, we were able to recover over half a million dollars for the victim’s surviving family members. Call us today at (864) 326-3333(864) 326-3333 and discover for yourself why our clients leave us such positive Google reviews.