Understanding Damages in a California Wrongful Death Claim
When a loved one is lost due to someone else’s negligence—or in some cases, deliberate wrongdoing—California law provides a legal path to compensation. This compensation is designed to ease the financial and emotional burdens left behind. Under California Code of Civil Procedure §377.60, certain family members may be entitled to file a claim.
Economic Damages: Calculating Tangible Losses
Economic damages are the measurable financial losses resulting from a person’s death. These include:
- Loss of financial support the deceased would have provided
- Funeral and burial expenses
- Loss of benefits or gifts expected
- Household services the deceased used to perform
In one Los Angeles case, our client initially received a $75,000 offer from the insurance company. After a thorough financial assessment and expert testimony, we secured a $1.9 million settlement based on economic losses alone.
Non-Economic Damages: Honoring What Can’t Be Measured
These damages address the emotional and personal loss experienced by survivors. They can include:
- Loss of companionship and affection
- Loss of moral support
- Loss of guidance and care (especially for children)
- Emotional pain and suffering
California law does not allow juries to assign a fixed formula to these losses—each case is unique. Our firm helped one San Diego family recover $2.4 million in non-economic damages after the tragic death of a father and primary caregiver.
Punitive Damages: When Wrongdoing Goes Beyond Negligence
Unlike economic and non-economic damages, punitive damages are meant to punish the wrongdoer. They are rarely awarded in wrongful death cases—only when the death resulted from a felony and the defendant was convicted. For example, in DUI fatalities where the driver was criminally prosecuted, a punitive claim may be possible.
How a California Wrongful Death Attorney Can Help
Proving the full scope of your family’s loss requires evidence, strategy, and compassion. At West Coast Trial Lawyers, we use forensic economists, medical experts, and investigators to fully value your claim. Let us handle the legal complexities while you focus on healing.
Feeling Emotionally Overwhelmed?
You’re not alone. Take a moment to breathe with us. 
5 Steps to Take After a Fatal Accident
- Request a copy of the death certificate
- Collect insurance information and accident details
- Document financial and emotional losses
- Act quickly—you typically have 2 years to file (6 months for government-related cases)
- Contact West Coast Trial Lawyers for a free, compassionate consultation
FAQs About Compensation in California Wrongful Death Cases
What are economic damages in a wrongful death claim?
They include lost income, funeral costs, and other financial support the deceased would have provided.
Can I recover compensation for emotional pain after a loved one dies?
Yes. Non-economic damages allow for loss of love, support, and companionship.
Are punitive damages allowed in California wrongful death cases?
Only in rare situations, like when the death is caused by a felony for which the defendant was convicted.
Who decides how damages are divided among surviving family members?
If multiple eligible survivors file together, California courts may help determine a fair division based on the relationship and dependency of each claimant.
What if the deceased was partly at fault for the accident?
California’s comparative fault rules may reduce the compensation amount but do not eliminate the right to recover damages.
