How To Calculate Wrongful Death Damages In A Lawsuit

By Doug Standriff on August 9, 2025

Losing a loved one due to another party’s negligence or wrongful actions is heartbreaking and devastating. While no amount of money can replace the life lost, calculating damages in a wrongful death lawsuit is an important part of seeking justice and compensating the surviving family members for their losses. At Bergen Law, we have handled many of these difficult cases.

But how are wrongful death settlements calculated? What factors contribute to determining compensation in these civil litigation cases? Understanding how to calculate wrongful death damages can give grieving families clarity and peace of mind during a difficult time.

In this article, we will guide you through the different types of damages available in a wrongful death claim and the factors that influence their calculation.

Types of Damages in a Wrongful Death Lawsuit

Before getting into the specifics of calculating wrongful death damages, it’s important to understand the types of damages available in such lawsuits. These are typically classified into two categories: economic and non-economic damages in New Jersey.

Economic Damages

Economic damages are those that have a clear financial value. They are intended to compensate the surviving family members for tangible losses caused by the death of their loved one. These damages may include:

Medical Expenses: Any medical bills incurred before the decedent’s death, including emergency room visits, surgeries, and treatments.
Funeral and Burial Costs: Expenses related to the funeral, cremation, burial, and any other funeral-related services.
Lost Income and Earning Capacity: Compensation for the income the decedent would have earned had they lived, including wages, benefits, and any potential future earnings. This is often the most significant portion of economic damages.

Non-Economic Damages

Non-economic damages are more subjective and aim to compensate for the emotional and intangible losses that occur due to the death. These may include:

Pain and Suffering: The emotional toll on surviving family members who have lost a loved one. While this is difficult to quantify, it’s an important part of the compensation process.
Loss of Companionship: The decedent’s spouse and children may be compensated for the loss of companionship, comfort, affection, and emotional support.
Loss of Parental Guidance: If the decedent was a parent, the surviving children may receive compensation for the loss of care, mentorship, and guidance.

Factors that Influence How Wrongful Death Damages Are Calculated

When determining how to calculate wrongful death damages, several factors come into play.

Age of the Deceased

The age of the deceased plays a significant role in determining the value of the lost income and future earnings. A younger person with a long career ahead of them may have a higher earning capacity than someone who is nearing retirement. This factor influences the amount of compensation for lost wages and earning potential.

Income and Career

The income of the deceased at the time of death, along with their career trajectory, affects the calculation of lost future earnings. For instance, someone with a high salary, particularly in a high-demand field, will have a more substantial loss compared to someone with a lower-paying job.

Experts like economists may be used to calculate future wages, taking into account factors such as the deceased’s career growth and potential promotions.

Relationship to the Deceased

The relationship between the decedent and the surviving family members also affects the damages awarded. The closer the relationship, the higher the amount of non-economic damages, such as compensation for loss of companionship or emotional distress. Spouses and children are typically entitled to higher compensation than distant relatives or extended family.

Degree of Negligence

The extent to which the defendant’s negligence or wrongful actions contributed to the death can influence the damages awarded. In cases where gross negligence or intentional harm was involved, punitive damages may be added to the claim.

State Laws

Each state has its own rules regarding wrongful death lawsuits. Some states impose caps on non-economic damages, meaning there’s a maximum limit to how much can be awarded for pain and suffering. New Jersey does not impose such a cap. The plaintiff can collect as high an award as the Jury gives. In New Jersey, the one type of damages to be awarded is based upon the New Jersey Supreme Court case Green v. Bitner. This case explains how the deceased’s family members can recover for the services the deceased would have provided.

The Role of Experts in Calculating Wrongful Death Damages

When calculating wrongful death damages, experts may be called upon to provide insight into various aspects of the case.

Our team at Bergen Law works with economic experts who assess the decedent’s earning potential, as well as life care planners, psychologists, and other specialists who help quantify non-economic losses. These experts provide critical testimony that can help ensure that the family is properly compensated for both tangible and intangible losses.

Understanding the Value of Wrongful Death Damages

Calculating wrongful death damages involves a thorough analysis of both economic and non-economic losses. While the process may seem complex, understanding the factors that contribute to the final award can help grieving families better prepare for what to expect.

If you’ve lost a loved one due to another party’s negligence, consult our professional wrongful death lawyers in Bergen County to guide you through this challenging time. We have the experience to help you calculate and secure the compensation your family deserves.