Losing a family member in an accident may be devastating for everyone. If the sole breadwinner of the family is killed, it raises significant questions about their financial future. It can be a challenge to keep up with the bills and support the family after such a loss. Everything may feel insurmountable.
However, if loved ones perish as a result of someone else’s negligence or carelessness, relatives have the legal right to file a claim. They may be able to sue for wrongful death and receive a monetary settlement as compensation. One common question that arises after such a tragedy is whether or not the settlement is taxable.
The short answer is: it depends.
What is a Wrongful Death claim?
A wrongful death claim is a civil action filed by the surviving family members of someone who died as a result of another person or company’s negligence or carelessness.
The purpose of filing a wrongful death claim is to seek financial compensation for the loss of their loved one. The compensation can help cover funeral and burial expenses, lost wages and benefits, and other damages.
In order to file a successful wrongful death claim, the surviving family members must be able to prove that their loved one’s death was caused by someone else’s negligence or carelessness.
They will also need to show that they have suffered financial damages as a result of the death.
Who Can Claim A Wrongful death settlement?
Wrongful death lawsuits may be filed on behalf of family members or loved ones who have lost a loved one due to someone else’s carelessness or negligence.
Not everyone can file a claim, however. The law limits who can file suit and recover damages. It varies from state to state.
Typically, the following people may be able to file a wrongful death claim:
- The surviving spouse of the deceased
- The children of the deceased
- The parents of the deceased, in some states
- Other family members, in some states
- A person who was financially dependent on the deceased, in some states
The executor or administrator of the deceased person’s estate may also be able to file a claim on behalf of the family.
If you have lost a loved one and are considering filing a wrongful death claim, it’s important to seek legal advice and speak with an experienced attorney. They can help you understand the law and determine if you have a valid claim.
Safeguard Your Ability To File A Claim
Filing a wrongful death claim can be a complex and emotional process. There are deadlines that must be met and evidence that needs to be gathered. It takes some time to put everything together.
Similar to personal injury cases, most wrongful death claims are subject to a statute of limitations. This is a law that sets a time limit on how long you have to file a claim.
It’s important to act quickly after the death of a loved one. The statute of limitations for wrongful death claims varies from state to state, but is typically between one and three years from the date of death.
If you miss the deadline, you may lose your ability to seek compensation through a wrongful death lawsuit.
The process of filing a wrongful death claim can be complex, emotional, and time-consuming. An experienced attorney can help you navigate the process and ensure that your claim is filed correctly and within the statute of limitations.
So, if you are considering filing a claim, you should not delay. You should speak with an attorney as soon as possible to safeguard your ability to file a claim and get the compensation you deserve.
Filing a Claim for Wrongful Death
The first step in filing a wrongful death claim is to contact an experienced attorney. They can help you understand the law and determine if you have a valid claim.
Next, the attorney will gather evidence to support your claim. This may include medical records, police reports, witness statements, and more. Once the evidence has been gathered, the attorney will file a lawsuit on your behalf.
It will consist of a complaint that outlines the facts of the case and lists the damages you are seeking. The defendant will then have an opportunity to respond to the complaint.
The case will then go through the process of discovery, where both sides will have an opportunity to gather more evidence. This may include taking depositions, requesting documents, and conducting interviews.
Once discovery is complete, the case will go to trial. If you are successful, you will be awarded damages. These may include economic damages such as lost wages and funeral expenses, and non-economic damages such as pain and suffering.
You may also be awarded punitive damages in some cases. These are designed to punish the wrongdoer and deter future misconduct.
Compensation for Wrongful Death
No amount of money can undo the pain and suffering caused by the death of a loved one. But a wrongful death settlement can help cover funeral and burial expenses, lost wages and benefits, and other damages. It can also provide some measure of justice for your loved one.
You may receive a settlement through negotiation or mediation. Or you may have to go to trial. It all depends on the facts of your case.
The amount of your settlement will depend on many factors, such as the circumstances of the death, the age of the deceased, and the financial dependence of survivors.
Settlement amounts can range from a few thousand dollars to millions of dollars. Typically, the surviving member receiving compensation for economic damages will get a larger settlement than those receiving compensation for non-economic damages.
The economic damages may include:
- Lost wages and benefits
- Funeral and burial expenses
- Medical expenses
- Loss of financial support
Some states award non-economic damages that may include:
- Pain and suffering
- Loss of companionship
- Loss of consortium
You may also be able to receive punitive damages in some cases. These are designed to punish the wrongdoer and deter future misconduct. They are not available in all states, and are typically only awarded in cases of gross negligence or intentional wrongdoing.
It’s important to remember that each case is different. There is no guarantee that you will receive a certain amount of money. An experienced attorney can help you understand the value of your case and fight for the compensation you deserve.
Taxability of a Wrongful Death Settlement
According to the Internal Revenue Service (IRS) in IRS Rule 1.104-1, the amount the family gets as compensation for the wrongful death remains nontaxable. The settlement is tax-free because of the family’s compensation on behalf of the person who died as a result of the wrongful act.
However, depending on how the settlement is structured, there may be portions of the settlement that are taxable.
Taxable portions of a Wrongful Death Settlement
Taxes on a Wrongful death settlement are not always avoided. There are portions of the settlement that are taxable and the amount that is taxable will depend on how the settlement is structured.
The following are some of the taxable elements in a typical wrongful death settlement. These include:
- Punitive damages: these are non-economic damages that are paid to the family as a way to punish the person or company that is responsible for the death.
- Punitive damages are taxable because they are not given to the family as compensation for the death. Instead, they are intended to send a message that the act was wrong and to prevent future occurrences.
- The portion of your settlement you received for medical bills and expenses may be deducted from your income in previous years.
- The portion of settlement you receive for emotional distress may be taxable, but only if the distress experienced by you was not due to personal injury or other illness.
- Interest: if the settlement includes interest on the unpaid portion of the judgment, that interest may be taxable. It is important to check with your accountant or tax advisor to ensure that the interest is not taxable.
It’s important to note that how the settlement is structured can have an impact on its taxability. For example, if part of the settlement is designated as punitive damages, it will be fully taxable. On the other hand, if the entire settlement is for compensatory damages, none of it will be taxable
The best thing to do is to speak with an experienced wrongful death attorney who can help you understand the tax implications of your case. They can also help you structure the settlement in a way that minimizes your tax liability.
Speak With Our Attorneys Today!
If you have lost a loved one due to the negligence of another, you may be entitled to compensation through a wrongful death claim. Don’t wait to get help. The sooner you speak with an attorney, the better. They can help you understand the law and ensure that your claim is filed correctly and within the statute of limitations.
They will know how to gather evidence and build a strong case on your behalf. They will understand the complexities of wrongful death lawsuits and taxable settlements.
They will also know how to negotiate with insurance companies. A lawyer has the skills and resources necessary to fight for the best possible outcome in your case.
Most importantly, they will be there for you during this difficult time. They will fight for you and make sure that justice is served.
Our Fort Lauderdale wrongful death lawyers are here to help. We have experience handling these complex cases and can help you understand your rights and options. We offer a free-case evaluation, so contact us today to schedule yours.