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Wrongful Death Settlement Calculator

Estimate potential wrongful death settlement amounts based on economic and non-economic damages. This calculator provides rough estimates for educational purposes only.

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IMPORTANT DISCLAIMER - PLEASE READ

We understand you are going through an incredibly difficult time. This calculator provides rough estimates for educational purposes only and does NOT constitute legal advice. Wrongful death cases are extremely complex and emotionally challenging. Actual settlements depend on evidence, jurisdiction, insurance limits, and case specifics. We strongly recommend consulting with an experienced wrongful death attorney who can evaluate your unique circumstances with compassion and expertise.

🧮 Enter Case Information

Economic Damages

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Relationship to Deceased

Deceased's Percentage of Fault

0% (No fault)0%100%

📊 Estimated Settlement Range

Estimated Settlement Range

$2,438,000 - $2,981,000

Damages Breakdown

Medical Expenses:$25,000
Funeral Costs:$12,000
Lost Future Income:$1,300,000
Lost Benefits:$15,000
Total Economic:$1,352,000
Non-Economic (est.):$1,086,000 - $1,629,000

💰 Estimated After Attorney Fees (~33%)

$1,633,460 - $1,997,270

🤝 We're Here to Help: These are rough estimates during a difficult time. A wrongful death attorney can provide a compassionate, accurate case evaluation.

⚖️ How Wrongful Death Settlements Are Calculated

Losing a loved one due to someone else's negligence is devastating. While no amount of money can replace your loved one, wrongful death settlements help provide financial security for surviving family members and hold responsible parties accountable.

Types of Damages

Economic Damages

  • Medical expenses before death
  • Funeral and burial costs
  • Lost future income
  • Lost benefits (pension, insurance)
  • Loss of household services

Non-Economic Damages

  • Pain and suffering (pre-death)
  • Loss of companionship
  • Loss of parental guidance
  • Loss of consortium
  • Emotional distress

Factors Affecting Settlement Value

  • Age and health of the deceased
  • Income and earning potential
  • Number of dependents
  • Relationship to surviving family members
  • Circumstances of the death (negligence vs. gross negligence)
  • Insurance policy limits
  • State laws and damage caps
  • Strength of evidence

Who Can File a Wrongful Death Claim?

Eligible parties vary by state but typically include immediate family members (spouse, children, parents), financial dependents, and sometimes extended family or domestic partners. The estate's personal representative often files on behalf of all beneficiaries.

📈 Settlement Statistics

Average: $973,054

Median: $294,728

Range: $10K - $10M+

*Based on 956 cases (2019-2024)

👨‍👩‍👧‍👦 Who Can File?

• Surviving spouse

• Children (minor or adult)

• Parents (if no spouse/children)

• Estate representative

• Financial dependents

Frequently Asked Questions

There is no universal maximum for wrongful death settlements. Some cases have resulted in settlements exceeding $10 million, particularly involving commercial trucking accidents or egregious medical malpractice. However, some states impose caps on certain damages, especially in medical malpractice cases. The average wrongful death settlement is approximately $973,000, with a median of $294,728.

Wrongful death settlements typically include: (1) Economic damages - medical bills, funeral costs, lost income and benefits the deceased would have earned; (2) Non-economic damages - pain and suffering, loss of companionship, loss of guidance; (3) Sometimes punitive damages for egregious conduct. The total depends on the deceased's age, income, family situation, and the circumstances of their death.

Distribution varies by state law. Generally, spouses and minor children have priority. Common distributions include: surviving spouse receives 50-100% if no children; spouse and children may split (often 1/3 to spouse, 2/3 to children); adult children may share equally if no spouse. The court often approves final distribution, especially when minors are involved.

Most wrongful death attorneys work on contingency, typically taking 33-40% of the settlement. If the case goes to trial, the percentage may increase to 40%. Additional costs (expert witnesses, court fees, investigation) are also deducted. So from a $1 million settlement, the family might receive $600,000-$670,000 after fees and costs.

Generally, compensatory damages for physical injuries or death are not subject to federal income tax. However, punitive damages and interest on settlements are typically taxable. State tax laws vary. It's advisable to consult with a tax professional about your specific settlement.

Most wrongful death cases settle within 1-3 years. Simple cases with clear liability may settle in 6-12 months. Complex cases involving multiple defendants, disputed liability, or extensive damages may take 2-4 years, especially if they go to trial. Many attorneys recommend waiting until all damages are fully documented before settling.

⚠️ Legal Disclaimer

We understand you are experiencing a profound loss during an incredibly difficult time. This calculator is provided strictly for educational and informational purposes. The estimates generated do not constitute legal advice and should not be relied upon for making legal or financial decisions. Wrongful death cases are highly complex and depend on numerous factors including evidence, liability, insurance coverage, jurisdiction-specific laws, and individual circumstances. We strongly encourage you to consult with an experienced wrongful death attorney who can evaluate your specific situation with the compassion, expertise, and personal attention your family deserves. Use of this calculator does not create an attorney-client relationship.