Information on Settlement Payouts From Greenberg Stone and Urbano
After a wrongful death lawsuit settles or is decided by a trial, the settlement amount or jury award is distributed to the beneficiaries via the estate of the deceased person. The details of this process vary from state to state depending on the state’s probate laws, but the general procedure is the same.
The personal representative named in the deceased person’s will is the person who will serve as the plaintiff in the wrongful death lawsuit, acting on behalf of the deceased person. An estate must be set up and a personal representative must be named before the wrongful death lawsuit can be filed.
After a settlement agreement or jury award, compensation will be distributed to the eligible family members based on the state’s wrongful death laws. Depending on the specifics, wrongful death lawsuit payouts might be paid via lump-sum payments or structured settlements. Your attorney and a tax professional can advise you regarding the benefits and disadvantages of different kinds of settlement payouts.
Types of Compensation Available in Wrongful Death Lawsuits
The types of compensation available in wrongful death lawsuits vary from state to state, but the general principles are the same. Generally speaking, immediate family members are eligible to recover compensation via wrongful death lawsuits for:
- Unpaid medical expenses and funeral expenses
- Loss of society and companionship
- Loss of future earnings or profits from a business
In some wrongful death cases, the family members may be able to recover punitive damages unrelated to actual economic losses suffered as a result of the family member’s untimely death. Punitive damages are not intended to compensate the family but to punish the wrongdoer for acting in a manner that exceeds the bounds of human decency. An example of a wrongful death case that might warrant punitive damages is a death caused by a drunk driver.
Get More Information About Wrongful Death Lawsuits
Review the following pages of our wrongful death FAQ for additional information:
- How do I file a wrongful death lawsuit?
- How long after an accident can a family file a wrongful death lawsuit?
- How do I file a petition to extend the deadline to file a wrongful death lawsuit?
- Who will pay for funeral expenses?
- Can a surviving spouse recover lost earnings with a wrongful death lawsuit?
- Can I pay attorneys’ fees based on anticipated recovery in a wrongful death case?
- What kind of lawyer do I need for a wrongful death case?
If you have questions about a recent death in your own family, we encourage you to schedule a complimentary consultation with our nationwide wrongful death law firm.
Greenberg Stone and Urbano is an AV-rated* law firm where our wrongful death lawyers combine strategic advocacy services with a deeply compassionate approach and personalized attention. We receive assistance in every case from our nationwide network of associate law firms. This helps us establish a strong local presence in every state of the nation.
Find out how our approach can work for your family — regardless of where you live and where the incident occurred. Call toll free (888) 893-9846. Your family does not have to face the future alone.