What is Wrongful Death Damages?
Updated January 24, 2026
The specific types of compensation available to surviving family members when another party's negligence or wrongful act causes the death of their loved one.
Understanding Wrongful Death Damages
Wrongful death damages vary by state but typically include lost financial support and services the deceased would have provided, loss of companionship and consortium, funeral and burial expenses, and the deceased's pain and suffering before death (in some states). Some states cap non-economic damages in wrongful death cases. Standing to bring a wrongful death claim is usually limited to specific family members such as spouses, children, and parents.
Examples
- 1Spouse recovering lost income and companionship after fatal car accident
- 2Children awarded damages for loss of parental guidance and support
- 3Parents recovering funeral costs and loss of companionship for deceased child
Related Terms
Wrongful Death
A civil lawsuit brought when a person dies due to the negligence or misconduct of another party. The lawsuit is filed by surviving family members or the estate.
Survival Action
A legal claim brought by the estate of a deceased person to recover damages that the deceased suffered between the time of injury and their death.
Loss of Consortium
A claim by the spouse or family member of an injured person for the loss of companionship, affection, comfort, and sexual relations resulting from the injury.
Funeral Expenses
The reasonable costs of burial, cremation, funeral services, and related expenses that are recoverable as damages in a wrongful death claim.
Punitive Damages
Additional damages awarded beyond compensatory damages to punish the defendant for particularly egregious conduct and deter similar behavior in the future.
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