Determining California Wrongful Death Damages & Compensation

Losing a loved one is a deeply painful and traumatic experience. When their death is caused by someone else’s negligence or wrongdoing, the grief can be even more overwhelming. In California, the law recognizes the impact of such losses and provides recourse through wrongful death claims.

This blog will explore what California wrongful death damages are, how they are determined and computed, and why seeking justice through a wrongful death case can help families cope financially during these trying times.

What are Wrongful Death Damages?

Wrongful death damages refer to the monetary compensation awarded to surviving family members when a person’s death is caused by the wrongful act, negligence, or misconduct of another party.

These damages are intended to:

• Ease the financial burden caused by the death
• Compensate family members for both economic and emotional losses
• Hold negligent parties legally accountable

Wrongful death damages in California fall into several categories.

Economic Damages

Economic damages represent the measurable financial losses resulting from a loved one’s death. These may include:

• Medical bills related to the final injury or illness
• Funeral costs and burial or cremation expenses
• Lost wages and benefits the deceased would have earned
• Loss of future financial support
• Loss of household services the deceased would have provided

These damages help families maintain financial stability after an unexpected loss.

Non-Economic Damages

Non-economic damages compensate surviving family members for intangible losses that cannot be calculated with receipts or invoices, including:

• Emotional distress and mental suffering
• Loss of companionship, care, and affection
• Loss of consortium for spouses or domestic partners
• Loss of guidance, training, and moral support

Courts consider the nature of the relationship between the deceased and surviving family members when determining the value of these damages.

Punitive Damages

Punitive damages may be available in limited cases where the death was caused by reckless, malicious, or egregious conduct. These damages are not meant to compensate the family directly, but to:

• Punish the responsible party
• Deter similar conduct in the future

Punitive damages are typically pursued through related legal actions and depend on the specific facts of the case.

How Courts Determine and Calculate Damages

California courts evaluate wrongful death damages based on several factors, including:

• The age, health, and earning capacity of the deceased
• The level of financial dependence of surviving family members
• The strength and closeness of family relationships
• The circumstances surrounding the death

Because every family’s situation is unique, wrongful death damages are calculated on a case-by-case basis, often requiring financial experts and detailed evidence.

California Laws Governing Wrongful Death Claims

In California, wrongful death claims are governed by California Code of Civil Procedure Section 377.60-377.62.

Who Can File a Wrongful Death Claim?

Eligible parties may include:

• Surviving spouses or domestic partners
• Children of the deceased
• Grandchildren (if the deceased’s children are also deceased)
• Other minor dependents who relied on the deceased for at least 50% of their financial support
• Individuals, entitled to inherit under California intestate succession laws

Statute of Limitations

California generally allows two years from the date of death to file a lawsuit. Certain exceptions may apply, such as when the claimant is a minor or when the cause of death was not immediately known.

Case Studies Involving Wrongful Death Claims in California

In one California wrongful death case, a family was awarded $100,000 after a minor tragically lost his life in a pedestrian accident. The case helped the family recover financial support while holding negligent parties accountable.

In another case involving a hit-and-run pedestrian accident, the victim was left without assistance and was later found deceased. Legal action allowed the victim’s mother to recover compensation for burial expenses and emotional losses, providing a measure of justice and closure.

Why Families Choose to Pursue a Wrongful Death Claim

Many families pursue wrongful death claims not only for financial reasons, but to:

• Hold negligent parties accountable
• Prevent similar tragedies from happening to others
• Secure long-term financial stability
• Honor their loved one’s life through justice

Legal action can provide clarity and support during an otherwise overwhelming time.

Frequently Asked Questions About Wrongful Death Damages