What Damages Are Available in California Wrongful Death Claims?
October 16, 2025- Categories: Wrongful Death
In California wrongful death claims, surviving family members can recover both economic and non-economic damages, with specific exceptions and limitations. During a time of grief and sorrow, these laws can feel overwhelming. A skilled wrongful death attorney can help you navigate any arising legal hurdles. Following is a breakdown of available compensation:
Economic Damages
These compensate for tangible financial losses:
- Funeral/burial expenses (averaging about $10,000)
- Lost financial support the deceased would have provided (Example: income, retirement benefits)
- Loss of household services (Example: childcare, home maintenance)
- Medical expenses incurred before death.
Non-Economic Damages
These address intangible losses:
- Loss of love, companionship, and guidance
- Emotional distress from witnessing the fatal incident (for parents/siblings)
- Loss of marital relations (for spouses).
Medical Malpractice Cap
Non-economic damages in California wrongful death cases involving medical negligence are capped at $600,000 as of 2025, increasing annually by $50,000 until reaching $1 million in 2034. This replaces the previous $250,000 limit under the Medical Injury Compensation Reform Act of 1975 (MICRA).
Survival Actions
Separate from wrongful death claims, estates may pursue:
- Compensation for the deceased’s pre-death pain/suffering
- Punitive damages (if the defendant’s conduct was malicious or fraudulent).
Key Limitations
- Punitive damages are generally unavailable in wrongful death lawsuits unless linked to a felony homicide conviction.
- Claims must be filed within 2 years of death, except for government-related cases (6-month notice) or delayed discovery scenarios.
These damages are designed to alleviate financial burdens while acknowledging the irreplaceable personal loss. Recent legislative changes significantly increase compensation ceilings for medical malpractice cases, reflecting evolving legal standards.
Why Choose Neale & Fhima to Represent You?
The law can feel overwhelming when you are grieving and in shock. An empathetic and experienced California wrongful death attorney can help you through this difficult time. At Neale & Fhima, we are determined to get the compensation you deserve in a California wrongful death case. Our outstanding client testimonials speak volumes about our law firm’s skill and expertise. Here’s why clients hire us:
- We Know the Law. California law can be complicated and overwhelming. We’ll help you understand the law, avoid pitfalls, and build a powerful legal claim.
- Years of Experience. Our lawyers possess more than 40 years of combined experience representing clients throughout Southern California.
- We Value Client Relationships. You matter to us. High-volume law offices often think of clients as a number on a case file. We’re different. We like getting to know our clients and their families.
How Are Economic Damages Calculated in a California Wrongful Death Claim?
In California wrongful death claims, economic damages are calculated based on verifiable financial losses resulting from your loved one’s death. These damages focus on impacts that are quantifiable and are determined through the following key components:
Components of Economic Damages
1. Funeral/Burial Expenses
- Actual costs for services, casket, cemetery plot, and related expenses
2. Pre-Death Medical Costs
- Hospital bills, surgeries, medications, and other treatment expenses incurred before death
3. Lost Income and Future Earnings
Calculated using:
- The deceased’s income at the time of death
- Projected career trajectory, promotions, and raises
- Age, health, education, and work-life expectancy
- Expert economists often provide analyses to estimate lifetime earnings
4. Loss of Employment Benefits
- Health insurance, retirement contributions, pension plans, and other benefits the deceased would have provided
5. Household Services
- Monetary value of tasks the deceased performed (childrearing, cooking, housecleaning, etc.)
- Calculated using market rates for equivalent services
6. Loss of Expected Gifts/Inheritance
- Financial contributions the deceased likely would have made to heirs
Calculation Methodology
There are different ways that financial losses can be calculated. These include:
- Present Cash Value Adjustment: Future losses (Example: projected income) are discounted to reflect current monetary value.
- Evidence Requirements: Pay stubs, tax returns, employment records, and bills are used to substantiate claims.
- Expert Testimony: Economists and vocational experts often analyze earning potential and household service values.
- Exclusions: Jurors are instructed to ignore the plaintiff’s grief/sorrow and the deceased’s wealth when calculating these damages.
Unlike non-economic damages, California imposes no caps on economic damages in wrongful death cases, except in medical malpractice claims where only non-economic damages are limited. These calculations aim to objectively replace the financial contributions and services lost due to the death.
What Types of Non-Economic Damages Are Available in a California Wrongful Death Case?
In California wrongful death claims, surviving family members can recover several types of non-economic damages for intangible losses tied to their relationship with the deceased. These include:
Core Non-Economic Damages
- Loss of love, companionship, and affection
- Loss of comfort, care, assistance, and moral support
- Loss of protection and guidance (particularly critical for children deprived of parental mentorship)
- Loss of household services
- Loss of consortium for spouses/partners, including diminished enjoyment of sexual relations.
Survival Action Distinction
Separate from wrongful death claims, estates can file survival actions for:
- The deceased’s pre-death pain, suffering, or disfigurement (outlined in SB 447, applicable until January 1, 2026)
- Punitive damages if the defendant’s conduct was malicious or fraudulent.
Jurors determine non-economic damage amounts based on testimony and “common sense,,” because there’s no statutory formula. Recent reforms have expanded survival action recoveries but left wrongful death non-economic damages largely unchanged, maintaining a focus on compensating survivors’ relational losses rather than the deceased’s suffering.
Trust Our Wrongful Death Attorneys to Protect You
If you’ve lost a loved one due to someone else’s negligence, a Southern California wrongful death lawyer at Neale & Fhima can ensure that you get the compensation you deserve. We’ll negotiate with authority and integrity on your behalf, and we’ll explain the role of insurance companies in your legal case. Our top-notch law firm has an outstanding record of recovering more than $50 million in rightful compensation for victims throughout California. We understand that this is a terrible time of grieving for you and your family. Our compassionate and caring attorneys will support you with understanding and empathy throughout the legal process. We treat clients like family. For a free consultation about your case, call us at 888-407-2955.
Attorney Aaron Fhima
Aaron Fhima is a trial attorney who has secured numerous settlements and verdicts against large corporations and some of the largest auto manufacturers in the world. Representing consumers and injury victims throughout the state of California, Aaron’s practice areas include personal injury, and lemon law litigation. Aaron has a long record of success taking on large defense firms; and he doesn’t hesitate to take cases to trial when necessary to enforce his clients’ rights. [ Attorney Bio ]
