Calculate the value of a wrongful death claim using the standard Loss of Net Accumulations + Loss of Companionship + Funeral Expenses model.
State-specific damage caps applied to non-economic components.
Calculate Settlement Value
Estimated Total Settlement Value
Why Wrongful Death is Calculated Differently
Wrongful death claims don't use the standard pain & suffering multiplier method. Instead, they follow a 6-component model rooted in state statute and the Restatement (Second) of Torts:
Loss of Net Accumulations — what the decedent would have earned over their remaining work life, minus the portion they would have spent on themselves. Present-valued at 3%.
Loss of Household Services — economic replacement cost of services the decedent provided (childcare, household management, transportation).
Loss of Companionship / Consortium — non-economic loss to spouse, children, and dependents.
Pre-Death Pain & Suffering — only if decedent was conscious between injury and death (survivor action).
Pre-Death Medical Bills — direct costs of emergency care, hospitalization.
Funeral / Burial Expenses — direct costs.
State damage caps apply to non-economic components (companionship + pre-death P&S). Economic components (earnings, services, funeral, medical) are usually uncapped.
Frequently Asked Questions
Most state statutes limit standing to the surviving spouse, children, parents, or estate representative. Some states allow siblings or grandparents in narrow circumstances. The personal representative of the estate typically files the claim and distributes proceeds per state intestate succession rules.
Most states allow 2-3 years from the date of death (not the date of injury). A few states are shorter: Kentucky and Louisiana are 1 year. Federal claims (e.g., FTCA against the US government) require a separate Notice of Claim within 2 years.
Annual income at death × estimated work life remaining, minus personal consumption (typically 25-40%), then discounted to present value at 3% real interest rate. For a 40-year-old earning $60K with 25 work years left and 30% personal consumption: $60K × 25 × 0.70 × PV factor ≈ $730K.
Only to non-economic components: companionship, consortium, and pre-death pain & suffering. Economic components (earnings, household services, funeral, medical) are not subject to non-economic damage caps. Some states impose a separate "wrongful death cap" that applies to total recovery.
Yes, in cases of gross negligence, willful misconduct, or recklessness. Punitive caps vary widely by state — some have multipliers tied to compensatory damages, others fixed dollar limits. Federal due-process limits (BMW v. Gore) generally cap punitive at single-digit multiples of compensatory.
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