US-CaliforniaWhat damages are recoverable in a wrongful death case?
In California, recoverable damages in a wrongful death case include economic losses (e.g., lost financial support, funeral expenses) and non-economic losses (e.g., loss of love, companionship, and moral support) for surviving family members.
What the Law Says
California law defines who may sue and what types of damages are recoverable when someone dies due to another’s negligence or wrongful act.
Only certain surviving relatives — including the deceased person’s spouse, domestic partner, children, and sometimes parents or siblings — may file a wrongful death lawsuit under California law.
Recoverable damages fall into two categories: economic and non-economic. Economic damages include the financial support the deceased would have contributed, loss of gifts or benefits, funeral and burial expenses (up to $250,000), and the reasonable value of household services the deceased would have provided.
Non-economic damages cover intangible losses such as the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support. Unlike some other states, California places no statutory cap on non-economic damages in wrongful death cases.
Importantly, punitive damages are not allowed in wrongful death actions unless the defendant is convicted of felony homicide — and even then, only under narrow circumstances outlined in Probate Code § 1310.
Statutory TextThe damages awarded in a wrongful death action shall include damages for the following: (1) Loss of financial support that the decedent would have contributed to the plaintiff during the decedent's life expectancy or the plaintiff's life expectancy, whichever is shorter; (2) Loss of gifts or benefits that the plaintiff would have received from the decedent; (3) Funeral and burial expenses, not to exceed two hundred fifty thousand dollars ($250,000); (4) The reasonable value of household services that the decedent would have provided.
— Code of Civil Procedure, s. 377.61 — Damages in wrongful death actions
Statutory TextThe damages awarded in a wrongful death action shall also include damages for the following: (1) Loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support; (2) Loss of training and guidance; (3) Loss of enjoyment of sexual relations.
— Code of Civil Procedure, s. 377.61 — Damages in wrongful death actions
Statutory TextIn an action for wrongful death, no damages may be recovered for pain, suffering, or disfigurement of the decedent.
— Code of Civil Procedure, s. 377.61 — Damages in wrongful death actions
Statutory TextPunitive damages shall not be awarded against a defendant in a wrongful death action unless both of the following requirements are satisfied: (a) The plaintiff has obtained a conviction of the defendant for murder or voluntary manslaughter in a criminal proceeding arising out of the same conduct that caused the death...
— Probate Code, s. 1310 — Punitive damages in wrongful death actions
What to Do
Identify eligible survivors (spouse, domestic partner, children, or dependent parents/siblings) within one year of the death.
Gather documentation of financial dependency, funeral receipts (capped at $250,000), and evidence of emotional relationship (e.g., testimony, photos, letters).
File a wrongful death lawsuit in California Superior Court before the one-year statute of limitations expires (CCP § 335.1).
Consult an attorney early — especially if the case involves complex issues like dependency, multiple claimants, or potential punitive damages under Probate Code § 1310.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.