California wrongful death damages fall into two groups: measurable financial losses — lost support the decedent would have provided, funeral and burial costs, and the value of lost household services — and non-economic losses, such as the loss of the decedent's love, companionship, comfort, and guidance.
Economic losses
These are the quantifiable losses the family suffers: the financial support the decedent would reasonably have contributed, the loss of gifts or benefits, funeral and burial expenses, and the reasonable value of household services the decedent provided. Proving them often involves earnings history and economic analysis.
| Category | Examples |
|---|---|
| Financial support | Lost income and benefits the decedent would have provided |
| Services | Household work, childcare, and other services now lost |
| Expenses | Funeral and burial costs |
| Non-economic | Loss of love, companionship, moral support, and guidance |
Non-economic losses
California recognizes that losing a parent, spouse, or child is a profound loss beyond money. There is no fixed formula; the loss of companionship, affection, and guidance is weighed on the specific circumstances, much like non-economic damages in an injury case.
The law cannot replace a person — it can account for what their absence costs the family.
What is generally not recovered
A wrongful death claim compensates the survivors' losses, not the family's own grief as a separate item, and the decedent's own pre-death pain is handled through a survival action. A free consultation can help identify every category that fits your family's situation.
Frequently Asked Questions
What damages can a wrongful death claim recover in California?
Can we recover funeral and burial costs?
Is there compensation for loss of companionship?
Is grief itself compensable?
How are non-economic damages calculated?
Can the estate recover the decedent's lost future earnings?
Are punitive damages available?
How is the recovery divided among family members?
Have a question about your situation?
Our California personal injury attorneys offer free, confidential consultations.
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