How Do Courts Calculate Damages in Wrongful Death Cases?
Nov. 7, 2025
Losing a loved one in a wrongful death case is one of the most devastating experiences a family can face. Beyond the emotional grief, families often struggle with sudden financial strain, medical expenses, and the loss of future income. It can feel overwhelming to make sense of legal terms and processes when what you really want is justice and accountability.
While no amount of money can ever replace your loved one, courts use structured methods to assign damages that reflect the impact of the loss. Knowing how these damages are calculated can help families find clarity during a very difficult time.
At Jenkins Law Firm, I work with families in Hilton Head, South Carolina, and the surrounding areas who are facing the pain of wrongful death. As an experienced wrongful death attorney, I focus on guiding clients through the legal process, making sure they understand their rights and the compensation available to them. Reach out today to start protecting your family’s future.
What Damages Mean in a Wrongful Death Case
In a wrongful death case, “damages” refer to the financial compensation awarded to surviving family members. These damages are meant to acknowledge the losses caused by the death, both financial and emotional. While the court can’t undo the tragedy, it can provide a measure of relief by addressing the tangible and intangible burdens placed on the family.
Courts typically divide damages into two main categories: economic and non-economic. Each serves a different purpose and involves different methods of calculation. The way courts assess these categories depends on factors like the deceased’s age, income, life expectancy, and the circumstances surrounding the death.
Economic Damages
Economic damages are the easiest for courts to quantify because they involve measurable financial losses. These damages are often supported by records, receipts, and expert testimony.
Common types of economic damages include:
Medical expenses: Final medical bills related to the accident or injury.
Funeral and burial costs: Expenses associated with laying the deceased to rest.
Lost income: The wages and benefits the deceased would’ve earned if they had lived.
Loss of services: The value of services the deceased provided, such as childcare, home maintenance, or caregiving.
Calculating these damages requires careful consideration of records like tax returns, pay stubs, and employer statements. Courts may also use economists to project the deceased’s future income and earning capacity, adjusting for inflation and potential career growth.
Economic damages provide families with direct financial support to replace what was lost. While they don’t address emotional pain, they ease immediate financial burdens.
Non-Economic Damages
Unlike economic damages, non-economic damages focus on intangible losses that don’t have a fixed price tag. These damages are often the most significant because they reflect the personal and emotional toll of losing a loved one.
Non-economic damages may include:
Loss of companionship: The absence of the deceased’s presence and emotional support.
Loss of consortium: The loss of marital companionship and intimacy for a spouse.
Pain and suffering: The emotional anguish suffered by surviving family members.
Loss of parental guidance: The absence of care, guidance, and support for children.
Because these damages are subjective, courts often rely on testimony from family members, friends, and sometimes mental health professionals. Judges and juries weigh how deeply the loss affects the family’s daily life and future well-being.
Although these damages can’t undo grief, they recognize the profound human cost of wrongful death.
Factors Courts Consider When Calculating Damages
Each wrongful death case is unique, and courts must weigh many factors when deciding the appropriate amount of damages. These factors help create a fairer picture of the financial and emotional losses.
Key factors include:
The deceased’s age and life expectancy: Younger individuals with longer expected lifespans may result in higher projected income losses.
The deceased’s occupation and earning potential: Courts consider salary, benefits, and likely career growth.
Health at the time of death: Pre-existing conditions may affect calculations of life expectancy and earnings.
The relationship to survivors: Spouses, children, and dependents may receive different types of damages based on their reliance on the deceased.
State-specific laws: Each state sets its own rules for wrongful death damages, including caps or limits.
By weighing these factors, courts try to balance financial fairness with the realities of each family’s situation.
Punitive Damages in Wrongful Death Cases
In some cases, courts may also award punitive damages. These aren’t tied to financial or emotional losses but are instead meant to punish the defendant for reckless or intentional actions.
Punitive damages serve two purposes: to penalize the wrongful party and to deter others from similar behavior. They’re not available in every wrongful death case, but when they are, they can significantly increase the total damages awarded.
The Process of Proving Damages
To obtain damages, families must present evidence that clearly shows both financial and non-financial losses. This process often requires extensive documentation and testimony.
Evidence commonly used includes:
Medical records and bills: Proof of final medical treatment.
Employment and tax records: Documentation of income and benefits.
Expert testimony: Economists or vocational experts to calculate future earnings.
Personal testimony: Family and friends describing emotional impacts.
Proving damages is a critical step that strengthens the case and increases the likelihood of a fair outcome. Once this evidence is presented, it’s up to the court or jury to decide the appropriate amount.
Wrongful Death and Workers’ Compensation
Wrongful death claims can also arise in workplace accidents. When this happens, damages may be handled through workers’ compensation rather than civil court. Workers’ comp benefits typically provide for medical expenses, funeral costs, and a portion of lost wages.
However, workers’ compensation may limit what families can recover compared to civil wrongful death lawsuits. In some cases, pursuing a separate wrongful death claim against a negligent third party may be possible, expanding the damages available.
Common Mistakes Families Should Avoid
When pursuing a wrongful death case, certain missteps can limit compensation or weaken the case. Being aware of these common mistakes can help families protect their rights.
Mistakes to avoid include:
Delaying action: Waiting too long can risk missing the statute of limitations.
Settling too quickly: Accepting an early offer may mean less compensation than deserved.
Failing to document losses: Without proper records, proving damages becomes harder.
Not seeking legal help: Courts require careful preparation, and attempting to handle the case alone can be overwhelming.
Avoiding these mistakes helps families stay focused and better positioned for fair compensation.
Emotional Impact and Grief Considerations
While financial recovery is essential, wrongful death cases also highlight the deep emotional impact of loss. Courts acknowledge that grief affects every aspect of a survivor’s life, from mental health to relationships.
Although damages can’t restore what’s lost, they give families the means to access counseling, therapy, or other support resources. This recognition of emotional suffering is one of the most important aspects of wrongful death damages.
Compassionate Legal Assistance
Losing a loved one in a wrongful death case is devastating, and the path forward often feels uncertain. Courts consider many factors when calculating damages, including financial losses, emotional suffering, and sometimes punitive measures. While money can’t replace a person, it can provide the resources families need to move forward with stability and dignity.
At Jenkins Law Firm in Hilton Head, South Carolina, I work closely with families to guide them through wrongful death claims and protect their rights. If you’re struggling with the loss of a loved one and wondering how damages may apply to your situation, I’m here to help. Reach out to me at Jenkins Law Firm today to discuss your options and take the first step toward justice.