Wrongful Death Settlement Calculator

Average settlements run $500,000–$3M, with median around $1.4M (Jury Verdict Research). Awards depend heavily on the deceased's age, income, dependents, and circumstances. Children's wrongful death cases have lower economic damages (no income loss) but high non-economic damages ($200K–$1M for loss of companionship). Cases involving punitive damages (drunk driving, medical malpractice) can exceed $10M.

Most states limit standing to: (1) surviving spouse, (2) children (including adult children), (3) parents (especially if deceased was unmarried), and (4) representative of the estate. Some states allow domestic partners, siblings, or financial dependents. Filing rules vary - some require an estate executor to file on behalf of all beneficiaries (NY, TX), while others allow individual claims (CA, FL).

Economic damages: future lost income (discounted to present value), loss of household services, loss of inheritance, funeral and burial expenses, medical bills incurred before death. Non-economic damages: loss of consortium (spouse), loss of parental guidance (children), loss of society and companionship. Some states (FL, KY) have NO cap on wrongful death damages even in medical malpractice cases.

Statutes of limitations are typically 1–3 years from the date of death (NOT date of injury). Florida and Texas: 2 years. California: 2 years. New York: 2 years. Some states have shorter periods for government defendants (90–180 days). Survival actions (claims the deceased could have brought) have separate deadlines. File immediately - evidence preservation is critical.

The compensatory portion tied to the death (medical bills, funeral costs, lost support, loss of companionship) is generally not subject to federal income tax under IRC 104(a)(2). Punitive damages and any interest on the award are taxable. State rules and how the settlement is allocated can affect the answer.

Division follows the state's wrongful-death statute or a court order, typically among the surviving spouse, children, and financially dependent relatives. Some states split by a fixed formula; others let a judge apportion based on each survivor's actual loss. Minors' shares are usually held or structured.

A wrongful-death claim compensates the survivors for their losses, such as lost income and companionship. A survival action recovers the damages the decedent themselves could have claimed before dying, such as pre-death pain and suffering and medical bills. Many states allow both to be brought together.