Trial Attorney Blog
As a wrongful death attorney, I meet people every day who are facing unimaginable pain.
And if you’re wondering about how courts determine damages in a wrongful death case, you’re probably feeling confused, overwhelmed, and unsure where to even start.
Let me help.
This isn’t just about money — it’s about justice.
It’s about holding the responsible party accountable.
It’s about making sure your family is financially supported after such a heartbreaking loss.
And yes — it’s about understanding what your case may be worth so you can plan for the future.
I’m going to walk you through how courts calculate wrongful death damages in simple terms. No legal jargon. No complicated words. Just the truth — plain and clear.
What Are Wrongful Death Damages?
Let’s start from the beginning.
When we talk about “damages” in a wrongful death lawsuit, we’re talking about the money that may be awarded to the surviving family members.
This money isn’t a gift. It’s not a lottery ticket. It’s meant to compensate you for the financial and emotional harm you’ve suffered because of your loved one’s death.
Wrongful death damages generally fall into two main categories:
1. Economic Damages — The Financial Losses
These are the things we can calculate with numbers — the money your family lost or will lose because your loved one passed away.
Economic damages may include:
- Loss of the loved one’s income or future earnings
- Loss of benefits (health insurance, retirement plans)
- Medical expenses related to the fatal injury
- Funeral and burial costs
- Loss of services (things your loved one did like childcare, household work, caring for elderly parents)
2. Non-Economic Damages — The Emotional Losses
These are the harder things to measure — but sometimes the most painful.
Non-economic damages may include:
- Loss of companionship
- Loss of guidance and care
- Mental anguish
- Pain and suffering (for the surviving family)
- Loss of love and emotional support
Courts recognize that no amount of money can bring your loved one back — but they also know these emotional losses are real.
Who Can File a Wrongful Death Claim?
Now, you may be wondering — who can actually bring this type of case?
Every state has its own laws, but typically wrongful death claims are filed by:
- The spouse of the deceased
- Children of the deceased
- Parents of a deceased minor
- The estate representative (if no immediate family)
In some states, even siblings or other dependents may have a right to bring a claim.
As your attorney, one of my first jobs is to help determine exactly who has the legal right to file and receive damages.
How Courts Calculate Economic Damages
Let’s talk about how the numbers work.
When we go to court — or negotiate with the insurance company — we have to present evidence to show what your family lost financially.
Here’s how that usually works:
1. Lost Income and Future Earnings
We look at:
- Your loved one’s current income
- Their work history
- Their age at the time of death
- Their education and job skills
- Their expected retirement age
- Potential raises or promotions they would likely have received
We may bring in financial experts or economists to help calculate the total amount of income your loved one would have earned over their lifetime.
For example:
If your loved one was 40 years old earning $70,000 a year — and would likely have worked another 25 years — that future lost income could be a significant part of the damages.
2. Medical Expenses
If your loved one received medical care before passing away — emergency room visits, hospital stays, surgeries — those costs can be included.
We gather medical bills and records to prove these expenses.
3. Funeral and Burial Costs
This is straightforward. We use receipts and invoices from the funeral home, cemetery, and related services.
4. Loss of Services
Did your loved one handle childcare, household maintenance, yard work, or elder care?
Courts consider the value of hiring someone else to do these tasks. We may use expert testimony to estimate these costs.
How Courts Calculate Non-Economic Damages
This is where things get more personal — and more difficult to put a number on.
Every judge and jury is different, but here’s what they look at:
1. The Relationship to the Deceased
Courts consider how close the relationship was. For example:
- A spouse may receive more for loss of companionship than a distant relative.
- Minor children often receive higher damages for loss of parental guidance than adult children.
2. The Role Your Loved One Played
Did they care for young children? Were they the primary source of emotional support in the family? Did they mentor or guide others?
These roles add weight to non-economic damages.
3. The Circumstances of the Death
Was it sudden or prolonged? Was there extreme suffering? Did the surviving family members witness the death or its aftermath?
These factors can increase non-economic awards.
Are There Limits on Damages?
Unfortunately, in some states, there are “caps” on certain damages — especially non-economic damages.
This means the law may limit how much a family can receive for emotional losses — regardless of how strong the case is.
As your attorney, I’ll make sure we understand the laws in your state and fight for the maximum allowed.
What About Punitive Damages?
In rare cases, courts may award punitive damages. These aren’t meant to compensate the family — they’re meant to punish the wrongdoer for especially reckless or intentional behavior.
Examples might include:
- Drunk driving
- Medical malpractice with gross negligence
- A company knowingly selling a dangerous product
Punitive damages send a message — and they can sometimes be very large.
Factors That Impact The Final Award
Let me be clear — every wrongful death case is unique.
The final amount awarded depends on many factors:
- The deceased’s age and health at the time of death
- Their earning capacity
- The financial needs of surviving family
- The strength of the evidence
- The skill of your attorney in presenting your case
- Whether the case goes to trial or settles out of court
- State laws and damage caps
Can a Wrongful Death Case Be Settled Outside of Court?
Yes — and many are.
As your attorney, I would first try to negotiate a fair settlement with the responsible party’s insurance company.
Settlements are often quicker and less emotionally draining than a trial.
But if the other side refuses to offer a fair amount — I’ll take your case to court and fight for every dollar your family deserves.
Final Thoughts From an Attorney Who Cares
I know this is hard to think about. It feels unfair to even have to think about money after losing someone you love.
But wrongful death lawsuits aren’t about greed — they’re about protecting your family’s future.
They’re about making sure you can pay the bills, support your children, and hold the responsible party accountable.
If you’ve lost a loved one — please don’t try to handle this alone.
An experienced wrongful death attorney can guide you, stand beside you, and fight for you every step of the way.
FAQ’s
How Long Do I Have to File a Wrongful Death Claim?
This is one of the most important questions I hear — and I can’t stress this enough: there is a deadline to file a wrongful death lawsuit. That deadline is called the “statute of limitations.”
In most states, you typically have between 1 to 3 years from the date of your loved one’s death to file a claim.
However, this timeframe can vary depending on the state you live in and the specific circumstances of the case.
Some states may have a shorter window — as little as one year — especially for claims against government entities.
Other states may allow a little more time, but time passes quickly when you’re grieving and handling funeral arrangements, paperwork, and daily life.
Waiting too long can prevent you from seeking justice entirely.
Once the statute of limitations expires, courts will likely dismiss your case, no matter how strong it is.
That’s why I always tell families — don’t wait to contact a wrongful death attorney.
Even if you’re not ready to file a lawsuit right away, an attorney can help protect your rights, gather important evidence early, and make sure you don’t lose your chance to seek compensation.
Do I Have to Go to Court?
This is a very common fear for grieving families — and I completely understand.
The thought of going through a public trial, reliving painful details, or sitting in a courtroom can feel overwhelming.
The good news is that many wrongful death claims never make it to court.
In fact, most cases settle outside of court through negotiations with the insurance company or the responsible party’s legal team.
As your attorney, my first priority would be to negotiate a fair and full settlement for you and your family.
If the other side is willing to be reasonable and accept responsibility, we can often avoid going to trial altogether.
However, if the insurance company refuses to offer a fair settlement — or tries to minimize your loss — then taking the case to court may be necessary to get the compensation you deserve.
If that happens, you won’t have to go through it alone.
I’ll handle everything — preparing evidence, presenting witnesses, and fighting for your family.
And I’ll be right beside you every step of the way.
Who Gets the Money from a Wrongful Death Case?
The money from a wrongful death settlement or verdict is typically awarded to the deceased person’s closest surviving family members.
However, exactly who gets the money — and how it is divided — depends on your state’s laws.
Most often, the following people are entitled to receive compensation:
- The surviving spouse
- The children of the deceased (including adult children in some states)
- The parents of a deceased minor child
- Other dependents or family members in certain circumstances
In some states, the court may also consider factors like financial dependency — meaning someone who relied on the deceased for financial support may have a right to receive a portion of the damages.
Additionally, if the lawsuit is filed by the estate of the deceased, the settlement or verdict may become part of the estate and be distributed according to a will or state inheritance laws.
As your attorney, I’ll help you understand exactly how this works in your specific situation.
I’ll also make sure the distribution of funds is handled properly — and in a way that honors your loved one’s legacy.
Can I Afford a Wrongful Death Attorney?
This is one of the biggest concerns families have — and I want to put your mind at ease.
Almost all wrongful death attorneys, including myself, handle these cases on a contingency fee basis.
This means you don’t have to pay anything upfront. There are no hourly rates, no large retainer fees, and no out-of-pocket expenses during the case.
Instead, we only get paid if we win compensation for you — either through a settlement or a court verdict. Our fee is typically a percentage of the final amount recovered.
This system was created specifically so that everyday people — not just the wealthy — could afford skilled legal representation after losing a loved one.
I often tell families: “You’ve already suffered a terrible loss.
You should not have to suffer financial stress on top of your grief.
Let me handle the legal fight while you focus on healing.”
Hiring an experienced wrongful death attorney is truly an investment in your future — and in holding the responsible party accountable for their actions.