Types of Damages in Wrongful Death Cases

Three Categories of Damages

Wrongful death damages are designed to compensate surviving family members for the full scope of losses caused by the death. Most states divide damages into three categories: economic damages, non-economic damages, and punitive damages. The specific damages available and any caps or limitations vary by state.

Economic Damages

Economic damages represent the measurable financial losses resulting from the death. They are calculated using concrete data — tax returns, pay stubs, employment records, actuarial tables, and expert economic testimony. Economic damages include:

• Lost wages and future earnings — The income the deceased would have earned over their remaining working life, adjusted for inflation, career advancement, and the time value of money. Expert economists use present-value calculations to determine this figure.
• Lost benefits — Employer-provided health insurance, retirement contributions, pension benefits, and other employment-related benefits the family has lost.
• Medical expenses — The cost of medical treatment the deceased received between the time of injury and death.
• Funeral and burial expenses — Reasonable costs associated with the funeral, burial or cremation, memorial services, and related expenses.
• Lost household services — The value of services the deceased would have provided to the household — childcare, home maintenance, cooking, cleaning, and other domestic contributions.
• Lost inheritance — The assets the deceased would have accumulated and passed to heirs, based on their earning capacity and saving patterns.

Non-Economic Damages

Non-economic damages compensate for losses that are real but do not carry a specific dollar value. They are subjective and depend heavily on the nature of the relationship between the deceased and the survivors. Non-economic damages include:

• Loss of companionship and consortium — The intangible value of the relationship, including love, affection, comfort, support, and intimacy.
• Loss of parental guidance — For minor children, the loss of a parent's instruction, moral training, and nurturing presence during formative years.
• Mental anguish and emotional suffering — The grief, sorrow, and psychological impact experienced by the surviving family members.
• Loss of society — The broader social and relational losses experienced by the family and community.

Some states cap non-economic damages, particularly in medical malpractice wrongful death cases. California, Texas, and many other states do not cap non-economic damages in general wrongful death cases. Understanding your state's rules is essential for evaluating the potential value of a claim.

Punitive Damages

Punitive damages are not compensatory — they are designed to punish the defendant for particularly egregious conduct and to deter similar behavior in the future. Punitive damages are available in wrongful death cases in many states, but not all, and typically require proof of conduct that goes beyond ordinary negligence.

Common triggers for punitive damages include drunk driving, intentional violence, corporate concealment of known dangers, reckless disregard for safety regulations, and fraud. States that allow punitive damages in wrongful death cases include Alabama, California (through survival action), Mississippi, Massachusetts (mandatory minimum), South Carolina, and Texas. States that prohibit punitive damages in wrongful death cases include New York.

Many states cap punitive damages — for example, Texas limits exemplary damages to the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000. Other states have no cap.

How Damages Are Calculated

Calculating wrongful death damages requires a team of experts. An economist projects lost future earnings using the deceased's employment history, education, industry trends, and career trajectory. A vocational expert assesses the deceased's earning potential had they lived. A life care planner may calculate the cost of services the family will need to replace. A mental health professional may testify to the emotional impact on surviving family members.

The strongest wrongful death cases present a clear, well-supported damages calculation backed by qualified experts. This is why choosing an attorney with the resources to retain top-tier experts is a critical factor in maximizing recovery. See our guide to wrongful death settlement values.