Wrongful Death Damages Calculator

Estimate wrongful death damages for a civil lawsuit including economic losses, loss of consortium, and survival damages. For educational purposes — consult an attorney for actual claims.

⚖️ Legal Damages📐 Economic + Non-Economic Damages = Total Wrongful Death Claim
Deceased annual income ($)
Age at time of death
Expected retirement age
Number of dependents
Medical bills before death ($)
Funeral expenses ($)
Please enter valid values.

Formula & Reference

VariableFormulaUnits
Wrongful Death Damages CalculatorEconomic + Non-Economic Damages = Total Wrongful Death Claim$ estimate

Step-by-Step Examples

Example 1
40-Year-Old Provider

$65K income, age 40, retires 65, 2 dependents, $50K medical.

  • Years lost = 25 | Economic = $65,000 x 25 x 0.65 = $1,056,250
  • Consortium = 2 x $150,000 = $300,000
  • Medical + funeral = $65,000
  • Total estimate: $1,421,250
✓ ~$1.4M estimated
Example 2
Young Worker

$45K income, age 25, retires 67, 0 dependents.

  • Years lost = 42 | Economic = $45,000 x 42 x 0.65 = $1,228,500
  • No dependents - no consortium claim
✓ ~$1.2M economic
Example 3
Late Career

$100K income, age 58, retires 65, 1 dependent.

  • Years lost = 7 | Economic = $100,000 x 7 x 0.65 = $455,000
  • Consortium = $150,000
  • Total: ~$620,000
✓ ~$620,000 estimated

Real-World Applications

Common Mistakes to Avoid

⚠️
Wrongful death varies dramatically by state

Wrongful death laws differ significantly by state: who can sue (spouse, children, parents, estate), what damages are allowed, and whether there are caps. This calculator is a general framework only.

⚠️
Not including all damage categories

Wrongful death includes: lost income, lost benefits, medical bills, funeral costs, loss of consortium, loss of parental guidance, household services, and sometimes survival damages (conscious pain and suffering before death).

⚠️
Present value discounting is complex

Future lost wages must be reduced to present value, offset by inflation, and consider the victim's life expectancy and work-life expectancy. Economic experts are essential for large cases.

Frequently Asked Questions

What are wrongful death damages?
Economic damages: lost income and benefits, medical bills, funeral costs. Non-economic damages: loss of consortium (companionship, love, guidance), loss of parental guidance to children. Some states allow punitive damages.
Who can sue in a wrongful death case?
Varies by state. Typically: spouse, children, and sometimes parents of the deceased. Some states allow any financial dependent to file. The estate may also have a separate survival claim.
What is loss of consortium?
Compensation for the deprivation of a family member's love, companionship, society, guidance, and services. Spouses and dependent children are the most common consortium claimants.
How long does a wrongful death case take?
Simple cases: 1-2 years. Complex cases: 3-5+ years. Trial adds significant time. Most wrongful death cases settle before trial.
What are survival damages?
A survival action is separate from wrongful death - it compensates for the deceased's own pain and suffering, medical bills, and lost wages from the time of injury until death. It benefits the estate, not family members.

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