Wrongful Death Settlement Calculator

The cause of death is one of the most significant factors in determining the settlement value of a wrongful death case. Different types of fatal accidents involve different defendants, insurance policies, and legal standards — all of which affect the compensation available to surviving family members.

Source: SetCalc analysis of court records, verdict databases, and settlement reports, 2024-2026. Ranges reflect national data; your state and county can shift values significantly. See settlement statistics by state.

Why the Ranges Are So Wide

A $500,000 car accident wrongful death settlement and a $3,000,000 car accident wrongful death settlement can involve the same type of collision. The difference comes down to who was lost: a 25-year-old surgeon earning $400,000 per year with two young children generates far higher economic damages than a retired 75-year-old with no dependents. Insurance availability, state law, and the strength of the liability case all play equally critical roles.

Every state has its own wrongful death statute that defines who is eligible to bring a claim. Understanding eligibility is the first step for any family considering legal action. In general, the closer your relationship to the deceased, the stronger your standing to file.

Wrongful death damages are designed to compensate the surviving family for everything they have lost — financially, emotionally, and practically. Courts divide these into three categories, and the total settlement value is the sum of all applicable damages.

Economic Damages (Quantifiable Financial Losses)

Economic damages are the most straightforward to calculate because they are based on verifiable financial data. These often make up the largest portion of a wrongful death settlement.

• •Lost income and future earnings — The deceased's salary, bonuses, raises, and projected career earnings over their remaining work-life expectancy. This is typically calculated by an economist using the deceased's age, education, occupation, and earnings history.
• •Lost benefits — Health insurance, retirement contributions, pension benefits, Social Security, and other employer-provided benefits the family will no longer receive.
• •Medical bills before death — Emergency room treatment, hospital stays, surgeries, and any medical care the deceased received between the injury and death.
• •Funeral and burial costs — Typically $10,000 to $25,000 or more, depending on the type of service and location. These costs are recoverable in every state.
• •Loss of household services — The economic value of childcare, home maintenance, cooking, and other domestic contributions the deceased provided to the family.

Non-Economic Damages (Intangible Losses)

Non-economic damages compensate survivors for the deeply personal losses that cannot be reduced to a dollar figure — but which courts recognize as real and significant.

• •Loss of companionship and society — The emotional void left by the absence of a spouse, parent, child, or partner. This includes daily companionship, guidance, love, and support.
• •Loss of consortium — The loss of the marital relationship, including intimacy, emotional support, and partnership. Available to surviving spouses in most states.
• •Pain and suffering of the deceased — If the deceased survived for any period after the injury (even minutes), the estate may recover damages for the physical pain and emotional suffering they experienced before death. This is known as a "survival action."
• •Mental anguish of survivors — The grief, emotional distress, depression, and psychological impact suffered by surviving family members. Some states limit this to spouses and minor children.
• •Loss of parental guidance — When a parent is killed, minor children can recover damages for the loss of nurture, moral guidance, training, and education they would have received.

Punitive Damages (When Applicable)

Punitive damages are not available in every wrongful death case. They are reserved for situations involving especially egregious conduct and are designed to punish the defendant and deter similar behavior. Courts may award punitive damages when:

• •Drunk or impaired driving — DUI wrongful death cases are among the most likely to receive punitive damages, as driving under the influence demonstrates willful disregard for human life.
• •Gross negligence — Conduct that goes far beyond ordinary carelessness, such as a trucking company knowingly violating hours-of-service regulations or a manufacturer concealing a known safety defect.
• •Intentional misconduct — While rare in wrongful death cases, intentional acts that cause death (such as assault or willful safety violations) can lead to substantial punitive awards.

Understanding these factors helps families set realistic expectations and gives attorneys the framework to build the strongest possible case. Each factor can significantly increase or decrease the total settlement value.

Factors That Increase Settlement Value

• ✓Young age and high earning capacity — A 35-year-old earning $120,000 per year has 30+ years of projected income ahead. The younger the deceased and the higher their income trajectory, the greater the economic damages.
• ✓Multiple dependents — A parent supporting three young children generates substantially higher damages than someone with no dependents. Each dependent adds loss of support, loss of parental guidance, and their own emotional distress claim.
• ✓Clear defendant liability — When fault is undisputed (red-light runner, DUI driver, documented safety violation), insurance companies are more likely to offer full value rather than risk a trial verdict.
• ✓Large insurance policies or deep-pocket defendants — Trucking companies carry $1M-$5M policies. Hospitals have substantial malpractice coverage. Corporate defendants have assets beyond insurance. The available money directly affects what can be recovered.
• ✓Egregious conduct (punitive damage potential) — DUI, distracted driving, known safety defects, and regulatory violations all open the door to punitive damages, which can multiply the total award.
• ✓Conscious pain and suffering before death — If the deceased survived for hours or days after the incident, a survival action for their pre-death pain and awareness significantly increases the total recovery.

Factors That Can Reduce Settlement Value

• ✗Comparative fault of the deceased — If the deceased was partially at fault (not wearing a seatbelt, jaywalking, speeding), the settlement is reduced by their percentage of blame. In some states, if the deceased was more than 50% at fault, the family recovers nothing.
• ✗Low insurance limits with no other assets — If the at-fault party only has a $25,000 auto insurance policy and no assets, the family may be limited to that amount regardless of the case's true value.
• ✗State damage caps — Several states cap non-economic or punitive damages in wrongful death cases, which can significantly limit total recovery even in strong cases.
• ✗Older age or lower income of the deceased — While every life has equal inherent value, economic damage calculations are lower for elderly individuals or those with limited income. Non-economic damages partially offset this, but total settlements tend to be lower.
• ✗Pre-existing health conditions — If the deceased had a terminal illness or significantly reduced life expectancy, defendants will argue that projected future earnings and companionship losses should be reduced accordingly.

Some states impose caps (limits) on certain types of wrongful death damages. These caps primarily affect non-economic damages (pain and suffering, loss of companionship) and, in some states, punitive damages. Economic damages (lost income, medical bills, funeral costs) are generally not capped. Understanding your state's caps is essential for setting realistic expectations.

Damage cap amounts are approximate and may change with legislative updates or inflation adjustments. Always verify current caps with a licensed attorney in your state.

The following examples illustrate how case-specific factors combine to determine wrongful death settlement values. These are based on SetCalc's analysis of published settlement data and are representative of outcomes in similar cases nationwide.

In the aftermath of losing a loved one, families are often approached by insurance adjusters offering quick settlements. These early offers are almost always a fraction of the case's true value. Understanding what your claim is worth before entering negotiations gives your family the power to make informed decisions during an incredibly difficult time.

SetCalc's AI-powered settlement calculator can help you understand the potential value of your wrongful death claim by analyzing the specific details of your case against real settlement data from your state. Our tool considers:

Every estimate is reviewed by a licensed personal injury attorney who can provide guidance on next steps. There is no cost, no obligation, and no pressure. Our goal is simply to help your family understand your options so you can make the best decision for your future.