Average Compensation for Death in a Car Accident in California
Legally reviewed by: Jessica Anvar Stotz, JD, MBA
When insurance policies are low coverage, the average compensation for death in a car accident in California is approximately $20,000 to $30,000. However, when insurance policies are high coverage, the average payouts can reach up to the median verdict of approximately $2 million in wrongful death cases.
According to data from various law firms, the average wrongful death settlement in California commonly falls between $250,000 – $500,000. Please note that these figures are averages and actual compensation can vary widely depending on the specifics of each case.
Average Payout for Car Accident Death in California
| Insurance Policies Involved | Settlement Amount |
| Low Coverage | Approximately: $30,000 |
| Moderate Coverage | Approximately: $250,000 |
| High Coverage | Approximately: $2,000,000+ |
The actual compensation in a wrongful death settlement can vary widely depending on several factors such as liability, insurance coverage, medical expenses, and the specific circumstances of the accident. As such, we recommend consulting with a legal professional for more accurate and personalized advice. Please note that this table is based on averages and may not reflect the specifics of an individual case.
Factors that Could Result in a Favorable Settlement
Here are some factors that could result in a favorable settlement for a death in a car accident case in California:
- Severity of Injury: The severity of the injury can significantly impact the value of the settlement. This includes the level of suffering endured because of the injuries and whether the effects are temporary or permanent.
- Strength of Medical Records: Medical records are important evidence in supporting accident-related injuries. Seeking medical treatment immediately following an accident allows a medical professional to diagnose your injuries, link them to the accident, and prescribe treatment.
- Evidence of the Other Driver’s Fault: It is important to identify who was at fault for the accident. Strong evidence for proving fault in a car crash includes accident reports, surveillance footage of the accident, eyewitness accounts of the accident, and pictures of the accident scene, vehicles, and surrounding area.
- Your Own Fault: If your actions played a role in the accident, your settlement amount may be reduced.
- Economic Damages: Prior to calculating a potential settlement value, the sum of current and anticipated future medical expenses, lost wages to date, and projected future lost income is accumulated. Following the multiplication of the resultant sum by the pain and suffering multiplier, a projected settlement amount is generated.
- Insurance Coverage: The coverage of insurance available and a determination of who is at fault will also affect the settlement.
Please note that this information is intended to be a general guide and may not cover all factors relevant to your case.
Factors That Could Result in a Less Favorable Settlement
Here are some factors that could result in a less favorable settlement for a death in a car accident case in California:
- Lack of Evidence: If there is insufficient evidence to prove the other driver’s fault, it could lead to a less favorable settlement.
- Shared Fault: California is a pure comparative fault state. If your actions played a role in the accident, your settlement amount may be reduced.
- Severity of Injury: If the injuries sustained in the accident are minor or temporary, the settlement amount may be less compared to severe or permanent injuries.
- Weak Medical Records: If you do not have strong medical evidence, insurance companies may try to say your injuries are not related to the accident or are not as severe as you state, leading to lower settlement offers.
- Delay in Seeking Medical Treatment: If there is a significant delay in seeking medical treatment after the accident, it could be argued that the injuries were not serious or were not caused by the accident.
- Impact Severity: Jurors and insurance adjusters might be skeptical of claims for severe injuries resulting from minor fender benders. Frequent causes of severe injuries are collisions that occur at high speeds.
Why Insurance Coverages Can Cause Huge Settlement Fluctuations
Here is how insurance coverages can cause huge settlement fluctuations in a wrongful death accident case:
- Type of Defendant: The type of defendant involved in the accident can significantly impact the settlement amount. For instance, wrongful death accidents involving a trucking company or government agency could result in larger settlements compared to an individual driver. This is because these entities often have higher insurance policy limits and more assets. They also face reputational risks, which can motivate them to settle the case favorably to avoid negative publicity.
- Uninsured and Underinsured Motorist Coverage: Uninsured motorist coverage protects you when you’re involved in an accident with an at-fault driver without liability insurance. Underinsured motorist coverage, on the other hand, can cover your costs if they exceed the liability limits on the at-fault driver’s policy. In California, every auto insurance policy includes uninsured/underinsured motorist coverage as a standard option unless rejected by written waiver. Therefore, if the at-fault party does not have sufficient insurance coverage, your own uninsured or underinsured motorist coverage can compensate for the difference, causing fluctuations in the settlement amount.
- Insurance Policy Limits: The insurance policy limits of the at-fault party can also cause settlement fluctuations. If the at-fault party’s insurance coverage is lower than your uninsured/underinsured motorist coverage, your insurance can cover the difference up to your policy limit.
Who Can File a Wrongful Death Lawsuit After a Fatal Car Accident?
The following individuals are legally allowed to file a wrongful death lawsuit in civil court after a fatal car accident:
- Surviving Spouse or Domestic Partner: The surviving spouse or domestic partner of the deceased person can file a wrongful death lawsuit.
- Surviving Children: The surviving children of the deceased person are also eligible to file a wrongful death lawsuit.
- Surviving Grandchildren: If a child of the deceased person is also deceased, then the surviving grandchildren of the deceased person can file a wrongful death lawsuit.
- Putative Spouses: A putative spouse, defined as the surviving spouse who believed that their marriage was valid and legal, but the marriage was actually void or voidable, might also be able to file a claim for wrongful death.
- Estate’s Representative: The representative of the deceased person’s estate can initiate the case and hire an attorney to begin the process.
Who Receives the Settlement Check in Wrongful Death Cases?
In California, the distribution of a wrongful death settlement check is typically as follows:
- Joint Decision by Heirs: Family members and heirs who file the wrongful death claim reach a consensus regarding the quantity to be awarded to each individual. The majority of the settlement proceeds are entitled to the surviving spouse or children.
- Court Intervention: If the family members cannot agree on how the monies will be distributed, the court will divide the damages, looking at each claimant’s financial needs and future losses.
- Lump Sum Payment: In California, wrongful death settlements are typically paid in one lump sum. The amount remaining after deducting attorney fees and court costs shall be distributed to the heirs.
- Dependent Parents: A dependent parent may also receive a share of the settlement proceeds.
Please consult with a legal professional for advice tailored to your specific circumstances. This information is intended to be a general guide and may not consider all factors relevant to your case.
When You Do & Do Not Have a Case
Here are situations in which you DO and DO NOT have a wrongful death claim,
When You DO Have a Case:
- Negligence or Intentional Wrongful Act: If a person or entity behaved negligently or committed an intentional wrongful act that directly caused a death, you may have a case.
- Damages: If there are damages associated with the death, such as medical bills, funeral costs, loss of income, and pain and suffering, you may have a case.
- Statute of Limitations: In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. If you file within this time frame, you may have a case.
When You DO NOT Have a Case:
- No Negligence or Wrongful Act: If there was no negligence or intentional wrongful act that caused the death, you likely do not have a case.
- No Damages: If there are no damages associated with the death, you likely do not have a case.
- Statute of Limitations Expired: If the statute of limitations has expired, you likely do not have a case.
What Not to Do After a Wrongful Death Car Accident
The following are some things you should avoid doing after a wrongful death car accident in California:
Do Not Delay Filing a Claim: California has a statute of limitations that limits a plaintiff’s right to file a wrongful death lawsuit. With only rare exceptions, if you miss the statute of limitations, the courts will not allow you and your family to recover financial compensation for your loved one’s death.
Do Not Neglect Medical Records: Medical records are crucial evidence in supporting accident-related injuries. Neglecting to seek medical treatment immediately following an accident could weaken your case.
Do Not Dispose of Evidence: Evidence such as accident reports, surveillance footage of the accident, eyewitness accounts of the accident, and pictures of the accident scene, vehicles, and surrounding area are important for proving fault in a car crash. Disposing of or failing to collect this evidence could harm your case.
Do Not Fail to Report the Accident: Failure to report an accident when required by California law is an infraction. Receiving an infraction typically results in a fine, but it cannot result in jail time.
Do Not Accept Quick Settlement Offers: Insurance companies often try to settle claims quickly to minimize their payout. Accepting a quick settlement offer may result in receiving less compensation than you are entitled to.
Do Not Speak to the Other Party’s Insurance Company Without Legal Counsel: Anything you say to the other party’s insurance company can be used against you. It’s best to let your attorney handle all communications with the insurance company.
Why You Shouldn’t Delay Filing a Claim
There are several reasons why you shouldn’t delay filing a claim after a wrongful death car accident in California:
- Statute of Limitations: In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. If you miss this deadline, the courts will not allow you and your family to recover financial compensation for your loved one’s death.
- Difficulty Assessing Damages: If you delay for too long, an insurer may deny the claim because of the difficulty of assessing the damages and determining the specific harm the collision caused.
- Difficulty Establishing Evidence: The longer you wait to file a claim, the more difficult it may be to establish evidence for your case. This is especially true for bodily injury damages, as there needs to be a clear connection that the accident caused the injuries.
- Insurance Policy Requirements: Most insurance policies require that you report an accident as soon as possible. Failure to do so could result in the denial of your claim.
- Risk of Forgetting Details: As time passes, memories fade and important details can be forgotten. Promptly filing a claim ensures that the details of the accident are fresh in your mind.
Benefits of Hiring a Wrongful Death Attorney
Hiring a wrongful death attorney can provide numerous benefits, especially during such a difficult time. An attorney who specializes in wrongful death cases possesses detailed knowledge of the legal process involved with this type of claim. Their expertise is invaluable to your case as they know which elements are needed to build a strong case on your behalf.
One of the key benefits of hiring a wrongful death attorney is that they can save you both time and money. Wrongful death cases can be quite time-consuming, especially if you attempt to navigate this process yourself.
Your attorney will handle all these tasks, freeing up your time to spend with your loved ones as you heal from this emotional situation. Your attorney will thoroughly evaluate your situation to assess all the different ways you and your family have been impacted by this loss, so proper compensation can be pursued.
Lastly, a wrongful death attorney can be a great source of support for you and your grieving family after the tragic loss of your loved one. By handling the tedious details of the court case, your lawyer relieves you of this burden, allowing you to mourn and begin the healing process with as little disruption as possible.
Connect with a Wrongful Death Lawyer
Claims related to wrongful death are often complex and high-stakes cases, which can make them extremely difficult to handle independently, particularly in the aftermath of a loved one’s loss. For optimal outcomes in your case, we strongly advise working with a wrongful death lawyer who has considerable experience in handling claims like yours.
If you are seeking legal assistance in California, LawLinq can connect you with some of the top-rated wrongful death firms in the region. Many of our lawyers operate on a contingency fee basis, which means you don’t have to pay anything upfront while dealing with your loss.
Your wrongful death settlement, even after accounting for your legal expenses, will provide you with substantial financial compensation. This amount is likely to be significantly higher than if you were to settle with an insurance company or try to handle your case alone. By working with some of the most skilled wrongful death lawyers in California, you can maximize your recovery.
Our team is ready to match you with an attorney, and our services are entirely free of charge to you. Once you provide us with details about your case, we will pair you with a wrongful death lawyer in California who can offer you a case analysis, free of cost. Reach out to LawLinq today by dialing 855-997-2558 or by completing an online form on our website to learn more.
