How Are Wrongful Death Settlements Paid Out?

All deaths feel tragically wrong to surviving loved ones, but when a family member’s death was preventable if only another party had taken reasonable care, it’s an especially difficult grieving process. A sudden wrongful death can also cause significant financial hardship for the family, especially if the decedent was a family provider, or provided crucial family services such as caring for the children and home. 

A Washington wrongful death claim against the at-fault party after a preventable death recovers financial compensation and a sense of accountability and justice for surviving family members. Many grieving loved ones have questions about the wrongful death claim process after a loved one’s sudden death. One common question is: “How are wrongful death settlements paid out?”

A Kent wrongful death lawyer can help families navigate these complex legal matters, ensuring that they understand their rights and options. From investigating the circumstances of the wrongful death to negotiating fair compensation, an experienced attorney can provide the legal guidance and support needed to help families seek justice and financial stability during this difficult time.

Who Can File a Wrongful Death Claim In Washington?

One reason the question of how settlements are paid out in wrongful death claims arises is due to Washington’s laws for who may file this type of claim. While some states allow a spouse, adult child, or parent to directly file a claim, Washington requires the decedent’s personal representative to file a wrongful death claim on behalf of the family. This is typically the executor of the decedent’s will or estate plan and named by the decedent themselves before the death. If the decedent passes without a will, the court will appoint a family representative to file the claim. 

Who Receives the Payout From a Washington Wrongful Death Claim?

The proceeds in a wrongful death payout typically come from the at-fault party’s insurance; for example, malpractice insurance after a medical malpractice case or auto liability insurance after a car accident death. Most wrongful death claims end with a settlement but a small percentage go on to court for a jury award for damages. This may occur if the defendant or insurance company disputes the claim or undervalues the amount of damages like funeral costs, lost income, loss of household services, and lost benefits.

A settlement for wrongful death cases is typically paid out to immediate family members with the following hierarchy:

• The decedent’s spouse
• A surviving spouse and children
• Adult children
• Parents of the decedent if they left no surviving spouse or children
• Siblings of the decedent if they left no surviving spouse, children, or parents

In many Washington wrongful death claims, the personal representative named in the decedent’s will or appointed by the court is a close family member such as a surviving spouse who receives the payout directly.

Lump Sum Payouts or Structured Payouts for a Wrongful Death Settlement

Insurance companies commonly offer options for how a wrongful death settlement is paid out to the recipient. Typically, this is either in a lump sum payment of the full amount of the settlement or in a structured settlement payout with incremental payments made regularly over a period of years. A structured payout provides an income-like influx of money to the recipient to replace the lost loved one’s income, but in some cases, a family may require an immediate lump sum payment depending on their individual circumstances.

In most cases, once the settlement agreement is signed for a lump sum payout or a structured payment, the method cannot be altered.

How Can a Wrongful Death Attorney in Kent Help?

It’s crucial to have an experienced Kent wrongful death lawyer representing your best interests before signing a settlement agreement. A skilled attorney is a strong ally throughout the wrongful death claim process in Washington. Contact us at Caffee Accident & Injury Lawyers for experienced representation in your claim.