Wrongful Death Settlement Calculator
Estimate the value of a wrongful death claim. Enter the deceased's annual income, years of lost support, funeral expenses, and loss of companionship to see gross and net settlement after fault and attorney fees. Covers car accidents, medical malpractice, workplace accidents, and more.
Estimate only — not legal advice. Wrongful death claims vary significantly by state, relationship to the deceased, and the specific facts of each case. Consult a wrongful death attorney for your jurisdiction.
Your relationship determines the base loss-of-companionship value. Eligibility to file a wrongful death claim varies by state law.
Gross annual income at the time of death (salary, self-employment, etc.)
Remaining working years or years of dependency (e.g., until children reach adulthood)
Funeral, burial, cremation, and related expenses
Medical bills incurred between the incident and the time of death
Enter 0 if the defendant bears full responsibility. Comparative negligence reduces the settlement proportionally.
Standard contingency fee (33%–40%). Shows net amount to you.
Gross Settlement Estimate
$3,012,000
Before fault reduction or attorney fees
Net to You (After Fees)
$2,008,000
No fault reduction applied + 33.3% attorney fees
Settlement Breakdown
| Lost Financial Support ($75,000/yr × 20 yrs) | $1,500,000 |
| Funeral & Burial Costs | $12,000 |
| Total Economic Damages | $1,512,000 |
| Loss of Companionship — Spouse / Domestic Partner ($500,000 × 3×) | $1,500,000 |
| Gross Settlement | $3,012,000 |
| Attorney Contingency Fee (33.3%) | −$1,004,000 |
| Net to Client (After All Deductions) | $2,008,000 |
Important Limitations
- Lost support calculations do not account for present value discounting, expected income growth, or the deceased's personal consumption (which courts often deduct).
- Base companionship values are illustrative — actual jury awards vary enormously by state, judge, and jury.
- Many states cap non-economic damages in wrongful death cases, particularly for medical malpractice. This calculator does not apply caps.
- Eligibility to file a wrongful death claim (and the priority among claimants) is strictly governed by state statute and varies significantly.
- Survival actions (claims the deceased could have brought while alive) are separate from wrongful death claims and may add additional damages.
- This tool does not constitute legal advice. Consult a licensed wrongful death attorney in your jurisdiction.
How to Use This Wrongful Death Calculator
Wrongful death claims compensate surviving family members for their financial and emotional losses due to a death caused by another party's negligence or misconduct. Damages include economic damages (lost financial support, funeral costs, pre-death medical bills) and non-economic damages (loss of companionship and consortium).
- Cause of Death — Select the circumstances of the death. This provides context but does not directly change the formula. Medical malpractice cases may be subject to state damage caps not reflected in this calculator.
- Your Relationship to the Deceased — Select your relationship. This determines the base loss-of-companionship value used in the calculation. Spouses and minor children are typically awarded the highest non-economic damages; siblings the lowest.
- Deceased's Annual Income — Enter the deceased's gross annual income at the time of death. This is used to calculate lost financial support. Include salary, self-employment income, and any other regular earnings.
- Years of Lost Financial Support — Enter the number of years of income support that has been lost. For a working spouse, this is typically the remaining years until expected retirement. For a parent supporting minor children, this is until each child reaches adulthood.
- Funeral & Burial Costs — Enter all funeral, burial, or cremation expenses. These are economic damages recoverable in virtually all wrongful death jurisdictions.
- Pre-Death Medical Bills — Medical expenses incurred between the incident and the time of death (e.g., emergency surgery, hospitalization) are typically recoverable as part of the wrongful death or survival action claim.
- Loss of Companionship / Consortium Severity — The multiplier is applied to the base companionship value determined by your relationship. Select the multiplier that best reflects the depth of the relationship and emotional impact of the loss.
- Percentage of Fault — If the deceased bore some responsibility for the incident, comparative negligence rules reduce the settlement by that percentage. Enter 0 if the defendant bears full responsibility.
- Attorney Fees — Toggle whether to include the standard 33.3% contingency fee to see your estimated net recovery.
How Wrongful Death Settlements Are Calculated
Economic Damages
Economic = Annual Income × Support Years
+ Funeral & Burial Costs
+ Pre-Death Medical BillsThese are quantifiable financial losses the family suffers as a direct result of the death. Lost support calculations may also be adjusted for present value and expected income growth.
Loss of Companionship
Non-Economic =
Base Companionship × MultiplierBase values reflect the relationship type (spouse, child, parent, sibling). The multiplier adjusts for the depth of the relationship and severity of loss.
Gross Settlement
Gross = Economic + Non-EconomicTotal claim value before fault adjustments or attorney fees.
Net After Fault & Fees
After Fault = Gross × (1 − Fault%)
Net to You = After Fault × (1 − 33.3%)Wrongful death attorneys typically work on contingency at 33%–40%. This calculator uses 33.3% as a standard estimate.
Damage Caps & State Variations
- Many states cap non-economic damages in wrongful death cases, especially in medical malpractice
- California: No cap on wrongful death non-economic damages (as of 2023 expansion); Texas: $500K for non-economic in med-mal wrongful death
- Some states (e.g., GA, IL) do not allow loss-of-consortium claims in wrongful death
- This calculator does not apply state caps — always consult a wrongful death attorney in your jurisdiction
Frequently Asked Questions
Eligibility to file a wrongful death lawsuit is defined by each state's wrongful death statute and varies significantly. In most states, the right to file belongs to the deceased's immediate family members: spouse, children (including adult children), and sometimes parents. Some states also allow siblings, financial dependents, or the deceased's estate to bring a claim.
Many states require that the lawsuit be filed by a personal representative of the deceased's estate on behalf of the surviving beneficiaries. States also set a priority order among potential claimants — for example, a surviving spouse typically has priority over parents. An attorney in your state can determine who is eligible and who has standing to bring the claim.
Economic damages typically include: lost financial support (the income the deceased would have earned and contributed to the family), funeral and burial expenses, pre-death medical bills, and loss of household services the deceased would have provided. These are quantifiable losses backed by documentation.
Non-economic damages include loss of companionship, consortium, guidance, and parental care — the emotional and relational losses that surviving family members suffer. Some states also allow claims for the deceased's own pre-death pain and suffering through a 'survival action' filed separately. Punitive damages may be available in cases of egregious misconduct (e.g., drunk driving deaths).
Lost financial support is typically calculated by multiplying the deceased's annual income by the number of years they would have continued working and contributing to the family. Economists and vocational experts are often retained to project future earnings, factoring in expected raises, inflation, career trajectory, and the deceased's life expectancy.
Courts also typically deduct the deceased's personal consumption — what they would have spent on themselves — to arrive at the net support the family lost. The calculation is then discounted to present value, since money received today is worth more than money received in the future. This calculator uses a simplified model and does not apply personal consumption deductions or present-value discounting.
Loss of consortium (also called loss of companionship or society) refers to the non-economic loss of a loved one's love, affection, comfort, care, guidance, and companionship. It is one of the most significant non-economic damages in wrongful death cases, particularly for spouses and minor children.
The value of loss of consortium varies enormously by state and by the specific relationship. Spouses typically receive the highest awards; children receive substantial amounts, especially if they are minors who lost a parent. Some states (e.g., Georgia, Illinois) do not recognize loss of consortium in wrongful death claims. States with damage caps may limit how much can be recovered for these non-economic losses.
Wrongful death cases with clear liability (e.g., a driver who ran a red light) may settle within 6–18 months. More complex cases — involving medical malpractice, multiple defendants, disputed liability, or significant damages — typically take 2–4 years from filing to resolution. Cases that go to trial can take even longer.
Wrongful death cases tend to be more complex than standard personal injury cases because they often involve multiple beneficiaries with potentially conflicting interests, and because courts must approve settlements to protect the interests of minor children. Starting the process promptly is important, as most states have a statute of limitations of 2–3 years from the date of death.
Under IRC Section 104, compensatory damages received on account of a physical injury or physical sickness are generally excluded from federal income tax. For wrongful death settlements compensating family members for economic losses (lost support) and non-economic losses (loss of companionship), the proceeds are typically tax-free at the federal level.
Important exceptions: punitive damages are always fully taxable; interest earned on settlement amounts is taxable; any portion of a settlement attributable to the deceased's own pain and suffering (from a survival action) may be treated differently. State tax treatment of wrongful death settlements varies. Always consult a tax professional regarding your specific settlement and jurisdiction.
The statute of limitations is the legal deadline to file a wrongful death lawsuit. Missing this deadline results in permanently losing the right to sue. Most states set the deadline at 2–3 years from the date of death. For example: California — 2 years; Texas — 2 years; New York — 2 years; Florida — 2 years (as of 2023 reform).
Important exceptions and tolling rules: if the cause of death was not immediately discoverable (e.g., a latent medical error), the clock may start from the date of discovery. If the deceased left minor children, the statute may be tolled (paused) until they reach adulthood in some states. Claims against government entities typically have much shorter deadlines — sometimes as little as 6 months. Always consult a wrongful death attorney promptly after a loved one's death to protect your rights.
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