Wrongful Death Damages Calculator

Estimate potential wrongful death settlement value based on the decedent's age, income, number of dependents, life expectancy, and non-economic loss factors.

Decedent's Annual Income ($)(Gross annual earnings at time of death)

Age at Death

Life Expectancy (years)(Average U.S. life expectancy is ~77 years)

Number of Dependents(Minor children and financially dependent spouse)

Annual Employment Benefits Value ($)(Health insurance, retirement contributions, etc.)

Funeral & Burial Costs ($)

Pre-Death Medical Costs ($)(Emergency treatment and hospital bills before death)

Liability Strength(How clear is the defendant's fault?)

Results

Visualization

How It Works

Wrongful death settlements compensate surviving family members for both economic losses (lost income, benefits, household services, funeral costs) and non-economic losses (loss of companionship, guidance, consortium). Economists calculate lost earnings as a present value by projecting future income, deducting the decedent's personal consumption, and applying a discount rate. Liability strength and jurisdiction significantly affect the final settlement value.

The Formula

Settlement = [PV(Lost Earnings) + PV(Household Services) + Funeral + Medical + Non-Economic Damages] x Liability Factor

Variables

Lost Earnings (PV) — Present value of future income minus personal consumption, discounted at net rate (discount rate minus wage growth)
Personal Consumption — Portion of income the decedent would have spent on themselves (18-30% depending on family size)
Household Services — Value of domestic labor the decedent provided (childcare, cooking, maintenance) at ~$15,000/year
Non-Economic Damages — Loss of companionship, consortium, guidance, and emotional support valued per dependent
Liability Factor — Adjustment for strength of fault evidence (0.6x for weak cases to 1.3x for egregious conduct)

Worked Example

A 42-year-old earning $75,000/yr with $15,000 in benefits, 2 dependents, and strong liability: 25 work years, 78% to family = $70,200/yr benefit, PV at 1% net = ~$1,551,000 lost earnings + $525,000 household services + $37,000 costs + $400,000 non-economic = ~$2,513,000.

Practical Tips

Wrongful death claims must typically be filed by the personal representative (executor) of the decedent's estate on behalf of eligible survivors.
The statute of limitations for wrongful death is typically 2 years from the date of death, but varies by state.
Economic experts are almost always retained to calculate projected lifetime earnings and present value.
Some states cap non-economic damages in wrongful death cases, which can significantly limit total recovery.
Punitive damages may be available in cases involving gross negligence, recklessness, or intentional conduct.
Life insurance proceeds are separate from wrongful death damages -- receiving life insurance does not reduce your wrongful death claim.

Frequently Asked Questions

Who can file a wrongful death lawsuit?

Filing rights vary by state, but typically include the surviving spouse, minor children, adult children, and parents of the deceased. Some states also allow domestic partners, siblings, or anyone financially dependent on the deceased to file. In most states, the personal representative of the estate files the lawsuit on behalf of all eligible beneficiaries, and the court distributes the proceeds.

How long does a wrongful death case take to resolve?

Most wrongful death cases take 1 to 3 years from filing to resolution. Simple cases with clear liability and cooperating insurance companies may settle in 6-12 months. Complex cases involving multiple defendants, disputed liability, or significant damages can take 3-5 years, especially if they proceed to trial. Medical malpractice wrongful death cases tend to take longer due to expert requirements.

What is the average wrongful death settlement?

Wrongful death settlements vary enormously based on the decedent's age, income, number of dependents, and the circumstances of the death. Cases involving young, high-earning decedents with dependents typically settle for $1-5 million. Cases involving elderly or non-working decedents may settle for $250,000-$1 million. Cases involving egregious conduct or corporate negligence can exceed $10 million.

Are wrongful death settlements taxable?

Generally, compensatory wrongful death settlements (for lost income, medical expenses, and funeral costs) are not taxable under federal law per IRC Section 104(a)(2). However, punitive damages, if any, are taxable. Interest earned on the settlement is also taxable. State tax treatment varies. Consult a tax professional for your specific situation.

Last updated: March 26, 2026 · Reviewed by the LegalCalcs Editorial Team