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Available Damages in a Wrongful Death Lawsuit
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How much can my family earn if we win a wrongful death lawsuit?
Each wrongful death case is unique, so it would be difficult to estimate how much money your family could earn in a wrongful death lawsuit without an expert opinion. Generally, wrongful death payouts are much larger than the average settlement for other personal injury cases. Plaintiffs who win a wrongful death case will typically be awarded between $500,000 and $1 million, but it’s common to see smaller and larger settlements, as well.
The settlement amount your family could earn in a wrongful death lawsuit is determined by a certain number of factors, including:
- How young the deceased individual
(or “decedent”) was before death - How much income the decedent was making before death
- The decedent’s education level and expected future earnings
- The cost of the decedent’s medical treatment before death
- The cost of funeral, memorial, or burial services
- How many people financially depended on the decedent
- The relationship between the decedent and the plaintiff
- Lost assistance with household services provided by the decedent
- The cause of death and the elapsed time between injury and death
- The responsible party’s level of negligence leading to the accident
What damages can my family recover from a wrongful death lawsuit?
Since the person who was injured is no longer alive to benefit from damages they could have received from the court, the damages available for wrongful death are different than they would be for most personal injury cases. Here are some of the compensatory damages that families suing for wrongful death usually seek.
Economic damages
Non-economic damages
- Medical expenses owed before death
- Loss of future income or wages
- Funeral services and burial fees
- Loss of inheritance for survivors
- Loss of retirement benefits
- The decedent’s pain and suffering
- The surviving family’s emotional distress
- Loss of intimacy and companionship
- Loss of childrens’ guidance and support
- Decreased quality of life for survivors
Wrongful death compensatory damage caps
Nine states have a limit on how much money plaintiffs in a wrongful death lawsuit can recover in non-economic compensatory damages.
| State | Compensatory Damages Cap | Exceptions? |
|---|---|---|
| Alabama | CANNOT recover compensatory damages. | Only punitive damages are available for a wrongful death claim. |
| Alaska | Non-economic damages cap: $400,000 | - |
| Colorado | Non-economic damages cap BEFORE 2025: $642,180 Non-economic damages cap AFTER 2025: $2,125,000 | - |
| Hawaii | Non-economic damage cap: $375,000 | Only limits “pain and suffering” damages. Other types of non-economic damages do not have a cap. |
| Idaho | $430,740 (2022 UPDATE) | No cap if death was caused by willful or reckless misconduct. |
| Maryland | Non-economic damages cap: $1,112,500 (2024 UPDATE) | $15,000 increase per year. Increases by 125% for wrongful death cases. |
| Mississppi | Non-economic damages cap: $1,000,000 | - |
| Ohio | $250,000, OR: 3x the plaintiff’s economic damages | Damage limit for 1 plaintiff: $350,000. Limit for more than 1 plaintiff: $500,000. |
| Oklahoma | Non-economic damages cap: $350,000 | NO CAP if death was caused by willful, reckless, or fraudulent misconduct. |
| Tennessee | Non-economic damages cap: $750,000 | Raised to $1 million for the wrongful death of a parent with surviving children. NO CAP if the liable party was intoxicated, attempted to conceal evidence, intended to cause harm, or received a felony conviction. |
Punitive Damages
Punitive damages, unlike compensatory damages, are designed to punish the liable defendant for particularly reckless behavior or intentional negligence. Some states allow for plaintiffs to collect both compensatory and punitive damages, while other states do not allow for punitive damages to be collected.
States where plaintiffs can collect compensatory AND punitive damages:
- Illinois
- Maine (only up to $500,000)
- Minnesota
- Nevada
- New York
- Oklahoma
States where punitive damages are available for willful or gross negligence:
- Kentucky
- Massachusetts
- Virginia
- North Carolina
- Oregon
- Texas
- Rhode Island
- South Carolina
- Utah
- Virginia
- Wyoming
- Alaska
- Arizona
- Louisiana
- Maryland
- Arkansas
- Colorado
- Connecticut
- Delaware
- Washington, D.C.
- Florida
- Hawaii
- Idaho
- Iowa
- Michigan
- Mississippi
- Missouri
- Montana
- Nebraska
- New Mexico
- North Dakota
- Ohio
- Pennsylvania
- Tennessee
(only up to $500,000) - Vermont
- West Virginia
States where plaintiffs CANNOT collect punitive damages for wrongful death:
- California
- Indiana
- Washington
- Kansas
- Georgia
- New Hampshire
- New Jersey
- South Dakota
- Wisconsin
States where compensatory damages are NOT available and plaintiffs can ONLY collect punitive damages:
- Alabama
File a wrongful death claim
Did you lose a member of your family to injustice or negligence? See if your loved one’s case is eligible for a free consultation with a wrongful death attorney.
Ready to file a claim ?
See if you qualify to file a wrongful death lawsuit.
Referenced Articles
Section 6-11-21 – Punitive damages not to exceed certain limits. Ala. Code § 6-11-21 (Casetext). Retrieved from https://codes.findlaw.com/al/title-6-civil-practice/al-code-sect-6-11-21/
- Section 09.55.580 – Action for wrongful death, Alaska Stat. § 09.55.580. (Casetext). Retrieved from https://casetext.com/statute/alaska-statutes/title-09-code-of-civil-procedure/chapter-0955-special-actions-and-proceedings/article-07-survival-and-wrongful-death-actions/section-0955580-action-for-wrongful-death
View more sources
Section 13-21-203 – Limitation on damages, Colo. Rev. Stat. § 13-21-203. (Casetext). Retrieved from https://casetext.com/statute/colorado-revised-statutes/title-13-courts-and-court-procedure/damages-and-limitations-on-actions/article-21-damages/part-2-damages-for-death-by-negligence/section-13-21-203-limitation-on-damages
HB24-1472, Colorado 74th General Assembly, 2024 Reg. Sess. (Colo. 2024). Retrieved from https://leg.colorado.gov/bills/hb24-1472
Section 663-8.7 – Limitation on pain and suffering, Haw. Rev. Stat. § 663-8.7 (Casetext). Retrieved from https://casetext.com/statute/hawaii-revised-statutes/division-4-courts-and-judicial-proceedings/title-36-civil-remedies-and-defenses-and-special-proceedings/chapter-663-tort-actions/part-i-liability-survival-of-actions/section-663-87-limitation-on-pain-and-suffering
PERIODIC PAYMENT OF JUDGMENTS — LIMITATION ON NONECONOMIC DAMAGES, Idaho Code § 6-1603. Retrieved from https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch16/sect6-1603/
Ray, D. (2024, February 17). Idaho Personal Injury Laws and Statutes of Limitations. Retrieved from https://www.nolo.com/legal-encyclopedia/idaho-personal-injury-laws-and-liability-rules.html
Limitation of noneconomic damages, Md. Code, Cts. & Jud. Proc. § 3-2A-09 (2005). Retrieved from https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj§ion=3-2A-09&enactments=false
Actions for injuries producing death, Miss. Code § 11-7-13 (Casetext). Retrieved from https://casetext.com/statute/mississippi-code-1972/title-11-civil-practice-and-procedure/chapter-7-practice-and-procedure-in-circuit-courts/in-general/section-11-7-13-actions-for-injuries-producing-death
Section 2125.01 – Action for wrongful death, Ohio Rev. Code § 2125.01 (Casetext). Retrieved from https://casetext.com/statute/ohio-revised-code/title-21-courts-probate-juvenile/chapter-2125-action-for-wrongful-death/section-212501-action-for-wrongful-death
Section 1053 – Wrongful death – Limitation of actions – Damages, Okla. Stat. tit. 12 § 1053 (Casetext). Retrieved from https://casetext.com/statute/oklahoma-statutes/title-12-civil-procedure/chapter-17-survival-and-abatement-of-actions/section-1053-wrongful-death-limitation-of-actions-damages
Civil damage awards, Tenn. Code § 29-39-102. Retrieved from https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=0896439e-0075-47a4-9414-7117c5845a05&nodeid=ABDABNAAC&nodepath=%2fROOT%2fABD%2fABDABN%2fABDABNAAC&level=3&haschildren=&populated=false&title=29-39-102.+Civil+damage+awards.&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=%2fshared%2fdocument%2fstatutes-legislation%2furn%3acontentItem%3a539W-SM00-R03K-R278-00008-00&ecomp=8gf5kkk&prid=b1a07d43-9e3c-410c-965b-1f1e33ddb7ae
Nolo. (n.d.). Wrongful Death State Laws. Retrieved from https://www.nolo.com/legal-encyclopedia/wrongful-death-state-laws
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