How Are Wrongful Death Settlements Calculated?

Losing someone you love is devastating, especially when their death was caused by someone else’s actions. In the midst of grief, you’re also faced with sudden expenses, financial uncertainty, and questions about what comes next.

These challenges can affect immediate needs and long-term stability, especially if the person who passed away was a primary wage earner or caregiver. Understanding how wrongful death settlements are calculated in Maryland can help you prepare for what will happen and determine your legal options.

While tools like a wrongful death settlement calculator may offer estimates, an accurate calculation depends on many specific factors, including Maryland law, your relationship with the person who died, and the losses your family has experienced. Below is an overview of the factors determining settlement value and what families should know about filing a claim.

Who Can File a Wrongful Death Claim?

Under Maryland law, only specific individuals have the legal right to bring forward a wrongful death claim. That includes:

• The surviving spouse,
• The children of the deceased, or
• The parents of the deceased.

These close family members are considered “primary beneficiaries” under Maryland law. If none are living, certain other relatives who depended financially on the person may be eligible to file a claim. The law also limits the claim to one case per death, even if several family members were affected.

What Is Considered When Calculating a Wrongful Death Settlement?

A wrongful death settlement reflects both the financial and emotional impact of a loss. In Maryland, these are split into two categories: economic damages and noneconomic damages.

Economic Losses: What Your Loved One Provided

This includes the financial contributions the person would have made to the household if they were still alive. Common examples include:

• Loss of income and future earnings,
• Loss of health insurance or retirement benefits,
• Medical expenses related to the fatal injury;
• Funeral and burial costs; and
• Loss of support in the home, such as childcare or transportation.

Your wrongful death attorney uses documentation, such as tax forms, employment records, and family expenses, to help calculate this portion. A wrongful death settlement calculator may generate rough figures, but it cannot reflect the actual values tied to your family’s daily life.

Noneconomic Losses: What Can’t Be Measured in Dollars

Noneconomic damages reflect the emotional and personal loss survivors feel. These may include:

• Loss of companionship;
• Emotional pain and suffering; and
• Loss of care, guidance, or emotional support.

Although these are harder to measure, they are valid and essential to what the law allows. Family members can describe how the person’s absence has affected relationships, routines, and well-being.

Maryland’s Cap on Noneconomic Damages

Maryland limits the amount a family can recover in noneconomic damages in wrongful death cases. The current cap is $1,425,000 for claims involving two or more beneficiaries and $950,000 for cases with only one beneficiary. As set by state law, this limit increases annually by $15,000 every October 1.

While these legal limits can feel frustrating, Maryland law requires them in every wrongful death case. They don’t apply to financial losses—only to emotional damages like pain and suffering or loss of companionship. Your wrongful death attorney can focus on building a strong claim that accounts for every recoverable category under the law.

Determining the Total Settlement Value

Every case is different because every person is different. The value of a wrongful death settlement depends on your loved one’s unique role in your life—how they provided, supported, and connected with you—and how their loss has affected your family’s future.

Some of the factors that determine the amount of a wrongful death settlement include:

• The age and health of the person before the death,
• The income and earnings they provided,
• Their daily responsibilities and support roles,
• The strength of the relationship with each claimant, and
• State laws on who may file and how damages are limited.

In most cases, professionals such as economists or financial planners assist in valuing long-term losses. Attorneys also gather family statements and expert support to help describe the impact of the death. The total calculation must reflect all available information. This is known as a full death compensation calculation.

Why a Wrongful Death Settlement Calculator Isn’t Enough

It’s natural to want answers, especially when you’re dealing with so much uncertainty. But online calculators can’t understand who your loved one was, how they supported you, or how deeply their loss is felt. Maryland law also has unique rules that affect every case.

Every wrongful death case in Maryland involves a unique set of facts: the age of the deceased, the nature of their earning potential, the needs of surviving dependents, and the emotional bonds they left behind. Accurate death compensation calculation depends on a complete legal analysis of these details, not just a data entry box.

Settlement Timing and Process

After a loss, many families worry about how long things will take and whether they’ll need to go to court. The truth is, most wrongful death claims in Maryland are resolved through a settlement, not a trial. Your attorney will guide you every step of the way.

In either case, the legal process begins with:

• A formal investigation,
• Review of all damages and documentation,
• Filing of the claim on behalf of family members,
• Discussions with insurance carriers or defense attorneys, and
• Negotiation of a fair resolution or trial preparation.

Many grieving families ask how long a case may take or whether they must appear in court. While each situation is different, most cases resolve through a settlement without going to trial. 

Your attorney will help guide you through every step, provide regular updates, and handle negotiations on your behalf. Staying informed throughout the process can offer some reassurance during a difficult time.

What You Can Expect from Southern Maryland Law

At Southern Maryland Law, we understand that no settlement can bring your loved one back, but legal action can provide stability, accountability, and peace of mind. We guide grieving families through each stage of a wrongful death claim with transparency and steady support.

We start by listening. We ask questions that may be hard to answer but are necessary for the process. We explain what Maryland law allows and what legal steps come next. And we never lose sight of who matters most: the family left behind.

If you’re exploring your legal options after the loss of a loved one, you’re not alone. Reach out to us for a confidential, no-obligation consultation. Together, we’ll discuss your situation, evaluate whether a claim is possible, and explain how the law applies to your family’s case.