Understanding Caps On Wrongful Death Settlements

Finding out there are legal limits to how much you can be awarded in a wrongful death is an emotional turmoil that adds to the already overwhelming loss you’re experiencing.

Trying to read through legal jargon and understand these caps while going through your experience doesn’t give you the best chance to receive fair compensation for what you’re going through. 

This article breaks down those settlement caps in simple terms, guiding you through the process, so you can get the justice you and your family deserve.

Contact Our Wrongful Death Attorneys For Assistance Today.

What Are The Legal Limits On Wrongful Death Settlements?

In a wrongful death settlement, states have the right to set caps and legal limits on how much families can recover from a case. 

These caps are designed to limit certain types of damages, especially non-economic ones, like pain, suffering, or emotional distress. 

In Denver and throughout Colorado, limits for non-economic damages are capped at $1.5 million, and the wrongful death cap is $2.125 million.

At Bachus & Schanker, we believe every wrongful death settlement deserves to be treated fairly, and we work tirelessly to pursue full compensation within the law’s limits.

Why Do Some States Set Maximum Amounts For Certain Types Of Damages?

States set a maximum amount for certain damages in a wrongful death case for several main reasons.

One reason is to control overall costs for businesses, healthcare providers, or government entities, allowing them to continue operating and providing services.

Another reason is to reduce potential payouts for insurance companies, which can lead to more stable or lower insurance premiums for various types of coverage.

Lastly, awards that focus on pain and suffering or emotional distress are capped because they are more difficult to quantify, making it challenging to assess the compensation accurately. 

Which Types Of Damages Have Limits?

No amount of money can truly make up for the loss of a loved one. Dealing with capped limits on certain damages is frustrating and heartbreaking.

In most states, including Colorado, non-economic damages, like pain and suffering, emotional distress, and loss of companionship, are subject to legal limits.

Economic damages, like lost income, medical expenses, and funeral costs, do not have a cap in Colorado. 

While the limits are frustrating, state legislation recently increased the cap significantly starting in 2025, and will account for inflation every two years starting in 2028.

Are Punitive Damages Subject To These Legal Limits?

In Colorado and many other states, punitive damages are restricted by legal limits. Punitive damages are meant to punish especially reckless or harmful behavior.

Because reckless or harmful behavior is somewhat subjective, these limits exist to prevent extremely large awards that could be seen as excessive or unfair. 

Which States Have These Maximum Limits, And What Are The Amounts?

The legal details of a wrongful death settlement can add stress to the already overwhelming feeling of losing a loved one. Many states like Colorado place limits on certain damages. 

Here are a few examples:

• Colorado: Non-economic damages capped at $2.125 million.
• California: Non-economic damages capped at $250,000 in medical malpractice cases.
• Texas: Punitive damages capped at two times the economic damages or $200,000.
• Ohio: No limits.
• New York: No limits.
• Virginia: Punitive damages capped at $350,000.

We are here to help you understand what limits may apply to your family’s case, and pursue every avenue for recovery.

How Do These Limits Vary Depending On The Type Of Case?

Settlement caps change depending on the details of your loved one’s case.

Medical malpractice in wrongful death claims has stricter caps on non-economic damages than other types of negligence, like car accidents or workplace injuries. Families will face different legal limits based on how the loss occurred.

Every situation is different, and at Bachus & Schanker, our experienced team understands the nuances between negligence and carefully examines your case to get the most compensation possible.

Is It Possible To Challenge Or Exceed These Legal Limits In Court?

In rare cases, it may be possible to challenge or exceed settlement caps when there is clear evidence of gross negligence, or a violation of constitutional rights. 

These exceptions are not common, but our team explores every angle and possibility in your case to pursue the fullest recovery.

If evidence is found that your wrongful death settlement violated the Constitution or involved extreme negligence, our team has the experience to appeal to courts to fight for more than the maximum amount allotted.

How Do These Limits Impact The Total Compensation Families May Receive?

Settlement caps deeply impact the total compensation available to families in a wrongful death case. When emotional loss is profound, legal limits on non-economic damages prevent you and your family from getting the full value of what you’ve lost.

Restrictions on pain, suffering, and loss of companionship can feel unfair when the personal effect is debilitating. You also need to understand who gets the settlement money in a wrongful death case, or the impact of wrongful death claims on estate taxes, to fully understand the total compensation you will receive.

From personal experience, we know how deeply this pain impacts families and their total compensation. Our team will relentlessly work to identify every possible area of recovery for your loss. 

Related: Are wrongful death settlements taxable?

What Should Families Know When Negotiating A Settlement With These Limits In Place?

Being prepared and understanding the nuances in a wrongful death settlement will help you negotiate an ideal outcome. 

The first step is to carefully document every loss. Detailed records will strengthen your case and knowing the specific law limits that apply in your state is key to getting the compensation you deserve. 

Bachus & Schanker has helped families just like yours properly gather documentation and guide them through the negotiation process. We advocate for fair compensation within legal boundaries, so you don’t have to have these conversations alone.

How Can Unthinkable Help You Understand Your Legal Rights After A Tragic Loss?

Unthinkable is a compassionate guide and best-selling book written by Kyle Bachus, one-half of the firm at Bachus & Schanker. 

Kyle Bachus experienced the loss of a loved one due to a wrongful death, and his book breaks down the complex legal process and options available to families after such an incident. 

The book provides practical steps to take in the aftermath of a tragedy, and draws from real-world experience and a deep sense of empathy. 

Where Can You Get A Copy Of Unthinkable To Help Guide You Through The Process?

You can get a copy of Unthinkable through Amazon and Barnes & Noble, both in stores and online.

The book is an instant Amazon best-seller, and has helped countless individuals seek guidance and help during one of the hardest times of their lives. 

Navigating Wrongful Death Legal Limits

You don’t have to go through the process of navigating wrongful death legal limits on your own. Bachus & Schanker stand ready to guide you with years of expertise to help you understand your rights, and pursue the full compensation you and your family deserve.

We’ve experienced what you’re going through, and we will get through it together, every step of the way.