Average Wrongful Death Settlement Amounts in New York: 2026 Data
Our research team compiled data on wrongful death settlements in New York to provide clear insight into what families can expect when pursuing these claims. We analyzed wrongful death cases filed in New York State between 2023 and 2025, focusing on factors that influence settlement amounts in this jurisdiction.
In New York, wrongful death settlements typically range from $500,000 to over $2 million, depending on several key variables. The most influential factors include the type of incident that caused the death, the deceased’s age and income, and the number of dependents left behind. Unlike many other states, New York limits wrongful death damages primarily to economic losses, which significantly impacts how these settlements are calculated.
Key Takeaways:
- Wrongful death settlements in New York focus on economic damages like lost income, medical expenses, and funeral costs rather than emotional suffering.
- Younger victims with higher incomes and more dependents typically result in larger settlements due to greater financial losses.
- The type of incident matters significantly, with medical malpractice and construction accidents generally resulting in higher settlement amounts than vehicle accidents.
Disclosure: The settlement ranges and case outcome information provided on this website are for general informational purposes only. All data has been compiled from publicly available sources, industry research, and third-party reporting. This information is not based on the outcomes of cases handled by our firm and should not be interpreted as a promise or guarantee of any specific result in your case.
Average Wrongful Death Settlement Amounts by Death Type
The circumstances surrounding a wrongful death have a major impact on settlement amounts. Different types of incidents involve varying levels of liability, insurance coverage, and damages.
The following table breaks down the most common types of wrongful death cases in New York and provides the average settlement amount for each category:
| Type of Death | Description | Average Settlement Amount |
|---|---|---|
| Medical Malpractice | Surgical errors, misdiagnosis, delayed diagnosis, medication errors, birth injuries | $1,000,000 – $5,000,000 |
| Construction Accidents | Falls from heights, equipment failures, scaffolding collapses, crane accidents | $500,000 – $10,000,000+ |
| Motor Vehicle Accidents | Car accidents, truck accidents, motorcycle accidents, pedestrian accidents | $500,000 – $2,000,000 |
| Workplace Accidents | Industrial accidents, machinery malfunctions, toxic exposure | $300,000 – $1,500,000 |
| Premises Liability | Slip and fall, inadequate security, building code violations | $200,000 – $1,000,000 |
Key Takeaways:
- Medical malpractice and construction accidents tend to result in the highest settlements, with construction cases benefiting from New York Labor Law Sections 240 and 241, which establish strict liability standards.
- Motor vehicle accidents are the most common type of wrongful death claim, but they often face limitations due to insurance policy caps.
- Construction accident settlements can exceed $10 million under New York’s scaffolding law due to strict liability provisions that favor workers’ families.
Average Wrongful Death Settlement Amounts by Age and Income
The deceased person’s age and income level are two of the most critical factors in calculating wrongful death damages in New York. Younger individuals with higher earning potential generally result in larger settlements because of the greater financial losses their families will experience.
The following table shows how age and income combine to influence settlement amounts in New York wrongful death cases:
| Age Range | Annual Income: $30,000 – $75,000 | Annual Income: $75,000 – $150,000 | Annual Income: $150,000+ |
|---|---|---|---|
| 25–35 Years | $800,000 – $1,500,000 | $1,500,000 – $3,000,000 | $2,500,000 – $5,000,000+ |
| 35–45 Years | $600,000 – $1,200,000 | $1,200,000 – $2,500,000 | $2,000,000 – $4,000,000 |
| 45–55 Years | $400,000 – $900,000 | $800,000 – $1,800,000 | $1,500,000 – $3,000,000 |
| 55–65 Years | $250,000 – $600,000 | $500,000 – $1,200,000 | $900,000 – $2,000,000 |
| 65+ Years | $150,000 – $400,000 | $250,000 – $600,000 | $400,000 – $1,000,000 |
Key Takeaways:
- Younger victims (ages 25-35) with higher incomes can result in settlements exceeding $5 million due to decades of lost earning potential.
- Settlement amounts decrease significantly with age, as older individuals have fewer working years remaining and reduced future earning capacity.
- New York courts use expert economists to calculate lost earnings based on work-life expectancy, career advancement projections, and inflation adjustments.
Average Wrongful Death Settlement Amounts by Number of Dependents
The number of people who were financially dependent on the deceased significantly impacts settlement amounts in New York wrongful death cases. More dependents mean greater financial losses and higher compensation needs.
The following table demonstrates how the number of dependents influences average settlement amounts:
| Number of Dependents | Description | Average Settlement Amount |
|---|---|---|
| No Dependents | Single individual with no spouse or children | $150,000 – $500,000 |
| One Dependent | Surviving spouse only, or one child | $400,000 – $1,200,000 |
| Two Dependents | Spouse and one child, or two children | $600,000 – $1,800,000 |
| Three Dependents | Spouse and two children, or three children | $800,000 – $2,500,000 |
| Four or More Dependents | Large families with multiple children | $1,000,000 – $3,500,000+ |
Key Takeaways:
- Cases with no dependents result in the lowest settlements ($150,000-$500,000), while families with four or more dependents can receive over $3.5 million.
- The presence of minor children significantly increases settlement values, as courts account for long-term expenses such as housing, education, healthcare, and daily living costs.
- New York law requires settlements to address lost financial support, household services the deceased provided, and the loss of inheritance the family would have received.
Trusted Legal Representation for Wrongful Death Cases
Losing a loved one due to someone else’s negligence is devastating. The financial impact on your family only compounds the emotional trauma. At the Law Offices of Eric Richman, we understand what you are going through and are here to help you seek the compensation your family deserves.
If you have any questions or would like a copy of this report, please contact us.