Damages available in a wrongful death claim

This page sets out the categories a California wrongful death claim can recover. It does not put figures on any of them, and it will not tell you what a claim is worth — that depends entirely on facts nobody can assess from a web page. This is general information, not legal advice.

The two groups

The statute says damages may be awarded that, under all the circumstances of the case, may be just. The jury is asked to state economic and non-economic damages separately on the verdict form.

Economic

• Financial support the decedent would have contributed to the family — limited to the shorter of the life expectancy the decedent had before death or the life expectancy of the claimant.
• The loss of gifts or benefits the claimant would have expected to receive from the decedent.
• Funeral and burial expenses.
• The reasonable value of household services the decedent would have provided.

Future economic damages are reduced to present cash value.

Non-economic

The loss of the decedent's love, companionship, comfort, care, assistance, protection, affection, society, and moral support.

That list is the statutory shape of the loss, and it is worth reading closely, because it is broader than people expect. It is not only about affection. Care, assistance, protection, and guidance are all named, which is why the claim of a child who lost a parent is understood differently from that of an adult sibling.

Sources: Code Civ. Proc., § 377.61 (wrongful death damages; the court determines the respective rights of the persons entitled); CACI No. 3921 (wrongful death — death of an adult), Judicial Council of California Civil Jury Instructions (2026 edition).

What California does not compensate

• Grief and sorrow as such. The compensable loss is the relationship — the love, companionship, comfort, care, and society the survivors no longer have — rather than the survivors' emotional suffering as its own head of damage.
• The decedent's own pain and suffering, in the wrongful death claim. That belongs to the survival action, and for actions filed on or after January 1, 2026 it is no longer recoverable there either — see survival actions.
• Punitive damages, generally, in the wrongful death claim itself. Where the conduct supports them they are pursued through the survival action.
• The value of the life itself. The claim compensates what the survivors lost, not what the life was worth.

Proof is specific, not sentimental

The instruction tells the jury the plaintiff does not have to prove the exact amount, but that they must not speculate or guess. In practice that means the categories above have to be evidenced:

• Earnings history and tax records, for support.
• What the decedent actually contributed to the household, in money and in work.
• The services they performed — childcare, maintenance, care of a relative.
• Funeral and burial documentation.
• For the non-economic side, the texture of the relationship: how much time together, what role they played, what the survivor has had to take on.

What affects the value of a claim.

Dividing it among claimants

Because it is a single joint action, one figure is reached for the claim and then allocated among the people entitled to it. Where they cannot agree, the statute directs the court to determine their respective rights in the award.

When several family members have claims · who can file.

Where more than one person is responsible

Economic damages and non-economic damages divide differently among defendants. Each defendant is fully responsible for economic losses, while for non-economic damages each pays only its own percentage share under Proposition 51. In a death case, where the non-economic side is often the larger, that distinction matters a great deal.

Sources: Civ. Code, § 1431.2 (Proposition 51 — several liability for non-economic damages); CACI No. 406 (apportionment of responsibility), Judicial Council of California Civil Jury Instructions (2026 edition).

Common questions

What categories of damages are available?

Economic: the financial support the decedent would have contributed, the loss of gifts or benefits the claimant expected, funeral and burial expenses, and the reasonable value of household services the decedent would have provided. Non-economic: the loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support.

Can we recover for our grief?

Not as such. California compensates the loss of the relationship — the love, companionship, comfort, care, and society the survivors no longer have — rather than the survivors’ own emotional suffering as a separate item. The distinction is subtle and it is real.

Are punitive damages available in a wrongful death claim?

Generally not in the wrongful death claim itself. Where the conduct supports them, they are pursued through the survival action brought by the estate. It is one reason both claims are usually brought together.

How long is future support calculated over?

The instruction limits financial support to the shorter of two life expectancies — the decedent’s before death, or the claimant’s. Future economic damages are then reduced to present cash value.