Wrongful Death Settlement Calculator
Wrongful death settlements typically range from $500K-$5M+ depending on the decedent's age, earnings, dependents, and state cap. Calculate likely settlement value across economic and non-economic damages.
| Decedent Age | — |
| Annual Income | — |
| Working Years Remaining | — |
| Lost Earnings (75% of gross) | — |
| Funeral + Burial Costs | — |
| Economic Damages Subtotal | — |
| Loss of Consortium/Society | — |
| Conscious Pain & Suffering | — |
| Non-Economic Damages (post-cap) | — |
| State Non-Economic Cap | — |
| Total Settlement | — |
Wrongful Death Damages Categories
Economic damages: lost earnings (decedent's future income earnings minus personal consumption, reduced to present value), lost benefits (retirement, healthcare), funeral and burial costs, lost household services (childcare, home maintenance estimated as hired services).
Non-economic damages: loss of consortium (loss of relationship to spouse), loss of parental guidance (to children), loss of inheritance, mental anguish of survivors, and conscious pain & suffering of decedent before death (if not instantaneous).
State Cap Variations
Many states cap non-economic damages: California ($500K medical malpractice but no general cap), Texas ($250K medical malpractice, no general cap), Michigan (no cap), Florida ($250K-$500K in medical malpractice). Most general wrongful death cases have no non-economic cap.
Economic damages (lost earnings, funeral costs) are usually not capped. Some states cap punitive damages separately. Always check your state statute on damage caps.
Who Can File Wrongful Death
Most states allow filing by: surviving spouse, children (including adult children in some states), parents of deceased minor or unmarried adult, dependent siblings, or the personal representative of the estate. Some states (Maine, North Dakota) have stricter rules.
Filing party is usually the personal representative of the decedent's estate, with proceeds distributed to qualifying beneficiaries. The decedent's will doesn't control distribution — state wrongful death statute does.
Source: state wrongful death statutes (varies)
Insurance and Practical Recovery
Recovery is typically limited by available insurance and defendant assets. Auto cases: limited to liability policy limits ($25K-$1M typical; corporate fleets higher). Medical malpractice: limited to malpractice policy ($1M-$5M typical). Product liability: corporate defendants with larger insurance.
Hire wrongful death attorney immediately — these cases are complex, time-consuming, and require expert witnesses (vocational, life-care planner, economist for lost earnings calculation). Contingency 33-40%. Initial consultation free.