Wrongful Death Settlement Calculator

The average wrongful death settlement ranges from $500,000 to $1,000,000, but amounts vary dramatically based on the decedent's age, income, number of dependents, and state laws. Cases involving high earners or young victims with many years of lost income can reach several million dollars. Settlements in states with no damage caps tend to be higher. Every case is unique and depends on the specific circumstances of the death and the available evidence.

Filing eligibility varies by state, but spouses have priority in virtually all jurisdictions. Children (both minor and adult) can file in most states, and parents can file in many states, particularly for the death of a minor child. Some states allow siblings, domestic partners, or other dependents to file. Most states use a tiered priority system where higher-priority family members must decline before others can file.

Each state sets it in its own wrongful death statute, which is usually separate from the deadline for an ordinary injury claim, and the clock most often starts on the date of death rather than on the date of the act that caused it. Several states also apply a discovery rule, and a claim against a government body can carry a notice deadline of only a few months. We do not publish a state by state figure here because we have not verified each one against the statute that sets it. Read your state's wrongful death statute, or ask a lawyer, before you rely on any timeline.

Wrongful death damages include both economic and non-economic categories. Economic damages cover lost future income and benefits, medical expenses incurred before death, and funeral and burial costs. Non-economic damages include loss of companionship, consortium, parental guidance, and emotional pain and suffering of surviving family members. Some states also allow punitive damages in cases involving gross negligence or intentional misconduct.

Lost future earnings are calculated by multiplying the decedent's annual income by the number of remaining working years, then adding the estimated value of employment benefits (typically 30% of income for health insurance, retirement contributions, and other benefits). Economists may also factor in expected raises, promotions, and inflation. The calculation considers the decedent's age, education, occupation, health, and work history.

Wrongful death cases typically take 1 to 3 years to resolve. Straightforward cases with clear liability and available insurance may settle in 12 to 18 months. Complex cases involving medical malpractice, product liability, or multiple defendants can take 3 to 5 years or longer. Cases that go to trial generally take longer than those that settle. The discovery process, expert testimony requirements, and court scheduling all affect the timeline.

A wrongful death claim compensates surviving family members for their losses, such as lost income, companionship, and consortium. A survival action compensates the decedent's estate for damages the decedent suffered before death, including pain and suffering, medical bills, and lost wages between injury and death. Many families file both claims simultaneously. Not all states allow survival actions, and the rules vary significantly.

Yes. Wrongful death is a civil claim with a lower burden of proof than criminal prosecution. You only need to prove negligence by a preponderance of evidence (more likely than not), while criminal cases require proof beyond a reasonable doubt. Many wrongful death cases succeed even when no criminal charges are filed or when criminal charges result in acquittal. The O.J. Simpson case is a well-known example of this distinction.

Most wrongful death attorneys work on a contingency fee basis, meaning they charge no upfront fees and take a percentage of the recovery. The standard fee is 33% (one-third) for cases that settle before trial and 40% for cases that go to trial. Case expenses such as expert witnesses, court fees, and investigation costs typically range from $2,000 to $8,000. You pay nothing if the case is unsuccessful.

Key evidence includes proof of the defendant's negligence or wrongful act, medical records documenting the cause of death, the decedent's employment and income records, tax returns, evidence of the relationship between the decedent and survivors, and documentation of funeral expenses. Expert testimony from economists, medical professionals, and vocational specialists often strengthens the case. Photographs, witness statements, and accident reports are also important.