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Wrongful Death Damages

United States (federal and general)Last reviewed 18 September 2026

Wrongful death damages compensate survivors for what they lost because of the death, typically lost financial support, services, funeral and medical costs, and in many states loss of companionship. New York limits damages to pecuniary loss, and other states may cap some categories, so state law drives what a family can recover.

Economic Damages

Direct Answer: Economic damages are the measurable financial losses: the income and benefits the deceased would have earned, the value of household services they provided, and funeral and medical expenses.

Calculating lost support means projecting the decedent's earning capacity and work-life expectancy, adjusted for personal consumption and present value. Economists and vocational experts are commonly used, particularly for younger decedents with long careers, and for stay-at-home parents whose services have real economic value.

Non-Economic Damages

Many states allow survivors to recover for the loss of the decedent's companionship, care, guidance and consortium, and, in some states, for their own mental pain and suffering. These vary sharply. Florida's statute lists categories available to particular survivors, while New York limits recovery to pecuniary losses and does not separately compensate grief. Some states cap non-economic damages, especially in medical malpractice deaths.

Punitive Damages and Maritime Deaths

Some states allow punitive damages in wrongful death cases involving especially reckless or intentional conduct, often through the survival action, subject to standards and caps. Deaths on the high seas are governed by the Death on the High Seas Act, which limits recovery to pecuniary loss, and other maritime deaths can raise different rules, so identifying the applicable law early matters.

Frequently Asked Questions

What damages can I recover in a wrongful death case?

Typically lost financial support and services, funeral and burial costs and medical bills, and in many states loss of companionship. The categories and limits depend on the state.

Does New York allow damages for grief?

No. New York wrongful death damages are limited to the pecuniary injuries of the distributees, so grief and loss of companionship are not separately compensated.

Are punitive damages available?

In some states and only for especially reckless or intentional conduct, often subject to caps and stricter proof. Availability differs and may operate through the survival claim.

How is lost income calculated?

By projecting what the decedent would have earned over their expected working life, adjusting for what they would have spent on themselves and reducing to present value, usually with an economist.

Is a stay-at-home parent's death compensable?

Yes. The value of childcare, household management and other services they provided is recoverable, and can be substantial.

Can I hire a wrongful death lawyer without paying upfront?

Usually, yes. Wrongful death attorneys typically work on contingency, taking a percentage of the recovery only if the case succeeds, with the percentage and how costs are handled set out in a written agreement. Because settlements may need court approval and are shared among beneficiaries, ask how fees and costs are calculated before you sign.

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Wrongful Death vs Survival Action

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Liens and Deductions

Why a settlement pays less than the headline

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Wrongful Death Deadlines by State

Filing time limits and shorter notice rules

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Cornell LII Wex — Wrongful death

    Overview of wrongful death actions: every state has a statute, but who can sue, what damages are recoverable and the deadline differ by state.

  4. N.Y. Estates, Powers & Trusts Law § 5-4.3 (damages)

    New York wrongful death damages are limited to the pecuniary injuries suffered by the distributees, so grief and loss of companionship are not separately recoverable.

  5. Fla. Stat. § 768.21 (wrongful death damages)

    Sets the categories of damages available to survivors and the estate in a Florida wrongful death case, including lost support and services and, for defined survivors, loss of companionship and mental pain and suffering.

  6. Death on the High Seas Act, 46 U.S.C. § 30302 et seq.

    Federal wrongful death remedy for deaths caused by wrongful acts on the high seas more than three nautical miles from shore; recovery is limited to pecuniary loss and the action must be brought within three years (46 U.S.C. § 30106).

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.