Wrongful Death Damages Calculator
Estimates economic damages in a wrongful death claim based on the deceased's income, age, retirement horizon, dependents, and personal consumption rate. Use it when building a damages model for litigation or settlement negotiations.
About this calculator
Wrongful death economic damages aim to compensate surviving dependents for the financial support they lost. The core formula is: Damages = max(0, retirementAge − ageAtDeath) × annualIncome × (1 − personalConsumption) × (1 + dependents × 0.10) × 0.85. The remaining working years (retirementAge − ageAtDeath) establish the income stream that was cut short. The personal consumption rate — typically 25–35% — is subtracted because the deceased would have spent a portion of their own income on themselves. The dependents multiplier (10% per dependent) reflects the greater financial loss experienced by larger families. The final 0.85 discount approximates present value and tax adjustments commonly applied by economists in damages calculations. Courts may also add non-economic damages like loss of companionship, which this model does not capture.
How to use
Deceased was 40 years old, earned $70,000/year, expected to retire at 65, had 2 dependents, and a personal consumption rate of 0.30. Step 1 — Working years: 65 − 40 = 25. Step 2 — Net income contribution: $70,000 × (1 − 0.30) = $49,000. Step 3 — Dependents adjustment: $49,000 × (1 + 2 × 0.10) = $49,000 × 1.20 = $58,800. Step 4 — Final adjustment: $58,800 × 25 × 0.85 = $1,249,500 estimated economic damages.
Frequently asked questions
What is the personal consumption rate and why is it deducted in wrongful death damages?
The personal consumption rate represents the share of the deceased's income that they spent solely on themselves — food, clothing, personal expenses — rather than on the family. Courts deduct this amount because surviving dependents would not have received it anyway. Economic experts typically estimate personal consumption between 20% and 40% depending on family size and income level. A higher number of dependents generally results in a lower personal consumption rate, as more income flowed to the household.
How are future lost earnings calculated in a wrongful death lawsuit?
Future lost earnings represent the total income the deceased would have earned from the date of death until retirement. This calculator uses a simple projection: remaining working years multiplied by annual income. In litigation, forensic economists refine this with wage growth projections, inflation adjustments, and present-value discounting using actuarial tables. The 0.85 factor in this formula approximates those combined adjustments as a simplified discount. A full forensic economic report may also account for fringe benefits, pension contributions, and household services.
Who can file a wrongful death claim and recover these damages?
Wrongful death claims are typically filed by surviving spouses, children, or parents of the deceased, depending on state law. Some states allow any financial dependent to bring a claim. Recoverable economic damages generally include lost financial support, lost household services, and funeral expenses. Non-economic damages like loss of consortium or companionship are recognized in most states but vary widely in how courts and juries value them. An attorney familiar with your state's wrongful death statute can identify which family members have standing to sue.