In the wake of fatal car accidents, we understand that family members search for the average payout for car accident death to see if going through a wrongful death car accident claim is worth the additional stress. Fatal car accidents cause immense grief and financial burden for those left behind. For those questioning whether they should pursue compensation, please know that in Illinois, wrongful death car accident settlements account for both, as those are the most significant factors.
Determining the average car accident settlement for wrongful death cases in Chicago is complex. Fatal car accident settlements depend on the specifics of the car accident case, the extent of the negligence, and the impact on the car accident victim’s family. Our Chicago fatal car accident lawyer group is skilled in negotiating with the insurance company to ensure that families of fatal car accident victims receive fair car accident compensation. While each car accident case is unique, our experienced personal injury lawyer team is dedicated to helping clients navigate the legal process and secure the financial resources needed to cope with their loss and move forward.
Below, our experienced personal injury lawyer group explains the complexities of determining an average settlement amount and how our attorneys seek more than the average payout for our clients. For average car accident settlement examples from our wrongful death lawyers in Chicago, see our case results.
If you want a personal injury lawyer in Chicago who seeks more than average compensation for their clients when necessary, call 312-321-1111. Our lawyers work on a contingency fee basis, so families won’t owe anything unless we secure a fair settlement offer or verdict.
What is Wrongful Death?
Wrongful death is a civil action for any car accident victim who dies as a result of someone else’s negligence. After a car accident death, family members can file a wrongful death lawsuit to recover compensation and obtain justice on behalf of their loved one.
Common Types of Wrongful Death Cases in Chicago, IL
While the odds of dying in a car accident are fairly low, the most common types of wrongful death lawsuits our lawyers handle involve:
- Chicago drunk driving accident claims
- Chicago truck accident claims
- Chicago plane accident claims
- Chicago motorcycle accident claims
- Chicago bus accident claims
Illinois Statute of Limitations for Wrongful Death Claim
Illinois state laws regarding wrongful death statute of limitations were amended in 2016, thanks to Molly’s Law IL. Families of car accident death victims have two years from the date of their loved one’s death to file wrongful death claims.
A skilled attorney at Curcio & Casicato can help families determine the average payout for car accident death lawsuits and help pursue compensation for medical bills, property damage, pain and suffering damages, and any additional compensation merited in the fatal car accident case.
Is a Wrongful Death Claim Worth More Than a Personal Injury Claim?
Car accidents, fatal or not, cause significant physical, emotional, and financial distress for those involved.
For those sustaining a serious injury, the insurance coverage associated with liability insurance policy limits can only cover so much of the medical bills, lost wages, and property damage that car accident victims suffer. This is why Illinois allows the car accident victim to seek additional compensation through personal injury claims.
Personal injury cases, especially those involving permanent injuries, aim to cover medical bills for extensive medical care, medical expenses associated with long-term rehabilitation costs, lost earning capacity, and pain and suffering damages that the car accident victim endures.
On the other hand, fatal car accident compensation is sought through wrongful death cases. The average payout for car accident death can often be significantly higher than the average car accident settlement amount for a personal injury case. This is because the economic and non-economic damages in a wrongful death claim seek to compensate for permanent losses experienced by surviving family members.
While both types of claims aim to provide car accident compensation, a wrongful death claim addresses the more profound impact of loss, potentially leading to higher average settlements or verdicts.
Factors That Affect the Average Fatal Car Accident Settlement Amount
Listed below are the most significant factors that will affect fatal car accident settlements.
Medical Expenses
Medical expenses are also a major factor in determining the average compensation in a fatal car accident claim. Medical bills are considered if the victim’s death wasn’t instantaneous and required medical attention before their death.
Many medical professionals use “extraordinary measures” in an attempt to save their patients. If the patient passes away despite extraordinary medical treatment, surviving families are generally left with a crippling amount of medical expenses. So, medical bills for extraordinary (or ongoing) medical care are a consideration in a typical car accident settlement.
Lost Wages and Lifetime Earning Potential
Calculating the lifetime value of lost wages is a more complex facet of establishing the value of a fatal car accident settlement. Education level, career trajectory, income history, age, and health before the victim’s death are all factors.
Our Chicago car accident attorney group will hire economic experts to assist with lost wages calculations. These experts provide accurate longterm calculations and predict anticipated raises or advancements based on past performance and industry trends.
If the decedent was healthy, fairly young, and successful in their profession, families may receive a higher payout than the average car accident settlement amount in wrongful death lawsuits.
Pain and Suffering Before Death
Pain and suffering damages account for the pain and suffering the fatal car accident victim endured before death. Our Chicago personal injury attorneys also take pain and suffering calculations seriously.
Pain and suffering are a major factor for non-economic damages in any car accident injury settlement in which the deceased did not immediately pass away. Our personal injury attorney group compiles medical reports, witness testimonies, and medical experts to help families recover sufficient pain and suffering damages. While pain and suffering damages cannot bring their loved one back, they can help compensate for the emotional trauma associated with watching a loved one suffer.
Loss of Consortium and Loss of Care, Guidance, and Nurturing
Loss of consortium and loss of care, guidance, and nurturing are significant components of a wrongful death claim, reflecting the profound impact the decedent’s absence has on their surviving family members. This factor can affect average settlements for both personal injury and wrongful death cases.
In wrongful death cases, loss of consortium refers to the deprivation of the benefits of a family relationship, including companionship, affection, and sexual relations, typically claimed by the spouse of the deceased. Meanwhile, the loss of care, guidance, and nurturing extends to the decedent’s children, who suffer from the absence of parental support. While no fair settlement offer can compensate for the emotional trauma, our fatal car accident lawyer group aims to ensure these losses are recognized in the fatal car accident settlement.
Funeral Expenses and Burial Expenses
The average funeral cost in Illinois is incredibly expensive. Surviving family members often have to pay thousands of dollars for the funeral and burial alone. This is on top of potentially high medical expenses from extraordinary medical attention.
Our attorneys work to ensure these expenses are reflected fairly in our typical car accident settlement request. We want families to be able to celebrate their loved ones without worrying about additional costs, and we do our best to help them with this.
Comparative Negligence
Another factor that can affect a typical car accident settlement or wrongful death verdict is Illinois’ comparative negligence rule for car accidents. If your loved one wrongfully died in an accident, the other driver likely shares the majority of the blame in the accident. However, if an accident reconstructionist or insurance company investigates the car crash and determines that your loved one shares 25% of the blame, their legal team will factor this into the total case value.
Loss of Inheritance
Loss of inheritance generally applies when the deceased has dependents who were expecting assets. The average payout is calculated based on the potential estate value if the victim had lived a full life, including current assets, future earnings, and accumulations.
Liability Insurance Company Coverage
The insurance policy of the at-fault driver may significantly impact the settlement amount in the event of a fatal car accident. In Illinois, our state laws mandate insurance coverage requirements of at least $25,000 in bodily injury insurance coverage per person and $50,000 per accident, along with $20,000 in property damage coverage. While these insurance policies provide some financial protection, the insurance policy limits may not fully cover the extensive costs associated with a fatal accident, such as medical expenses, funeral costs, loss of future income, and pain and suffering.
Consequently, how much the negligent driver’s insurance pays may depend on his or her insurance policy. If the at-fault driver only carries the minimum liability insurance coverage, or the at-fault driver is an uninsured motorist, the surviving family members may find that underinsured or uninsured motorist coverage falls short of addressing the full scope of financial losses. Uninsured motorist coverage, minimum liability insurance policies, and even in cases with more coverage, the insurance coverage does not account for emotional trauma or suffering damages.
A lack of available insurance coverage can lead to significant financial strain and may compel the family to seek compensation through other legal avenues, such as a wrongful death lawsuit in Illinois.
How A Wrongful Death Lawyer Calculates Compensation for Death in Car Accident
Calculating car accident settlements for wrongful death lawsuits is a complex process.
Economic damages, or car accident losses with an obvious monetary value, are easy to calculate. A skilled attorney will total the costs of medical bills, lost wages, funeral expenses, etc., and come up with a definitive price tag.
Non-economic damages, on the other hand, are difficult to calculate, since there is no set monitary value. Examples include physical pain and suffering, emotional trauma, and loss of consortium.
Our lawyers have a deep understanding of what the insurance company wants to pay and what they should pay. Having a skilled auto accident attorney on your side helps to ensure that the at-fault driver or their insurance pays what they should.
Is There a Cap on Punitive Damages in Illinois?
In Illinois, as of August 2023 is now a provision for the recovery of punitive damages in wrongful death and survival action claims. This legislative change aims to hold negligent parties accountable in personal injury cases, including auto accident cases. However, these amendments do not apply to actions involving legal or medical malpractice or claims against government entities.
What is the Average Car Accident Settlement?
Every fatal car accident lawsuit is different. This means every single wrongful death settlement is different in terms of monetary value and how long the car accident settlement will take. However, the typical car accident settlement amount, when wrongful death is involved, often falls between $500,000 and $1 million. Our skilled attorney team can walk you through the legal process, provide average car accident settlement examples for our law firm, and help your family recover damages.
Call Chicago Fatal Car Accident Lawyers at Curcio Law Offices Today
Our Chicago law firm is passionate about fighting for appropriate compensation for death in car accidents. There is no “typical client.” While this is a profession, it’s also a calling for our legal team. That’s why each Chicago wrongful death and personal injury attorney on our team fights tirelessly with the goal of securing a more-than-typical car accident settlement on each client’s behalf.
Call 312-321-1111 to schedule a free consultation.
