The aftermath of a fatal car accident is a devastating period for grieving families. In addition to emotional turmoil, loved ones often face significant financial burdens, leading them to consider legal action. While it’s a small consolation, a settlement can help you face these difficulties. Moreover, understanding the average settlement for car accident death can provide some clarity for families weighing their options.
Because accidents and the circumstances that cause them vary widely, there isn’t an average payout for car accident deaths. Payouts vary and depend on accident specifics and other factors. However, recent studies show that severe accidents resulting in disabilities or fatalities can amass from $155,000 to as much as $1.8 million in costs, including damages for medical bills, lost productivity, property damage, and other associated expenses.
To learn more about compensation for death in a car accident, keep reading. This article will delve into potential settlement actions in Washington, the types of compensation you may be entitled to, the factors that influence settlements, and the critical role an experienced car accident attorney in Washington plays in helping you collect every penny you deserve.
What Are Potential Types of Compensation?
In Washington, settlements from car accidents resulting in death stem from wrongful death claims. There is no average settlement for car accident death. However, typical damages in wrongful death settlements fall into two categories: economic damages, which cover financial losses, and noneconomic damages, which cover loss that has intangible effects on surviving family members. Here is a breakdown:
- Medical expenses—medical costs incurred from the time of the accident until death;
- Funeral and burial costs—expenses for funeral services and burial;
- Lost wages—compensation for the income the deceased would have earned;
- Loss of companionship—compensation for the loss of love, companionship, comfort, and guidance the deceased provided;
- Loss of consortium—compensation for loss of marital relations, including affection, sexual relations, and companionship, a surviving spouse experiences;
- Loss of household services—compensation for services the deceased provided, like childcare or home maintenance;
- Loss of benefits—including the loss of medical insurance or retirement benefits;
- Emotional distress—compensation for the emotional impact on the surviving family members; and
- Property damage—compensation for any property damage resulting from the accident.
A skilled wrongful death attorney can help you determine an amount that reflects these losses and supports family members who depended on them the most.
Can I Collect Other Damages?
In rare cases, other damages may be available, including the following.
Survival Action Damages
Under Washington law, surviving family members may also bring a survival action in addition to a wrongful death claim. A survival action allows a personal injury lawsuit initiated by a deceased individual while they were alive to continue after their death. This legal claim seeks compensation for noneconomic damages the deceased experienced before death, including:
- Pain and suffering,
- Anxiety,
- Emotional distress, and
- Humiliation.
The beneficiaries of a survival action are the same as those in a wrongful death claim.
Damages for Deceased Children
If a child or stepchild dies because of someone else’s wrongful actions, their parents, stepparents, or legal guardians may qualify for special compensation under Washington law. Damages include the child’s medical expenses, loss of the child’s services, loss of the child’s love and companionship, and destruction of the parent-child relationship.
What Factors Influence Compensation for Death in Car Accidents?
The following factors influence compensation for death in a car accident.
Type of Accident
The severity and circumstances of the accident play a crucial role. For example, accidents caused by gross negligence, such as drunk driving, may result in higher settlements.
Deceased’s Circumstances
The deceased’s age, health, occupation, and income are significant factors. The death of younger individuals with stable, high-earning jobs typically results in higher settlements due to longer expected lifespans and higher future earning potential.
Liability and Evidence
Settlement amounts are affected by how clear the liability is. Strong evidence proving another party’s fault, such as police reports, witness testimonies, and accident reconstruction reports, can lead to higher settlements.
Insurance Policies
The insurance coverage of the at-fault driver and the deceased affects compensation. Higher policy limits can result in higher settlements.
Why Is It Important to Hire an Experienced Attorney?
Navigating the legal landscape following a car accident death is complex. Hiring an experienced car accident attorney at Brett McCandlis Brown & Conner can significantly affect the settlement process. Here’s why:
Legal Expertise
An attorney with experience in wrongful death and car accident cases understands the intricacies of Washington State laws, including the state’s pure comparative negligence law, which essentially apportions compensation based on fault allocation. They can help establish liability and explore all legal avenues to maximize your settlement.
Evidence Collection
Attorneys have the resources to gather and present compelling evidence. For example, our attorneys work with accident reconstruction experts, medical professionals, and investigators to build a strong case.
Negotiation Skills
Insurance companies often aim to minimize payouts. An experienced attorney can negotiate aggressively on the survivors’ behalf to secure a fair settlement.
Litigation Support
If our skilled car accident attorneys cannot negotiate a fair settlement, they will take the case to court. Their extensive litigation experience ensures that a survivor’s interests are well-represented.
Brett McCandlis Brown & Conner Will Fight for a Just Settlement
Losing a loved one in a car accident is a tragic and life-altering experience. While no compensation can ever truly replace the loss, a fair settlement can provide essential financial stability and a sense of justice for the surviving family members. At Brett McCandlis Brown & Conner, we understand the profound impact death has on family members, which is why we’re committed to fighting ferociously for a settlement that accurately reflects your losses.
With a proven track record of securing over 100 million dollars in verdicts and settlements for our clients, we have the experience and dedication to handle your case with the utmost care and expertise. Contact us today for a free consultation, and let us help you achieve the justice and financial stability you need to begin healing and move forward with your life. You can trust us to handle your case with the compassion and dedication it deserves.
