Losing a loved one because of someone else’s negligence is an unimaginable tragedy. While no amount of money can replace a life, California law allows surviving family members to pursue compensation to ease the financial and emotional burden. Understanding the types of damages available is an important step in building a strong wrongful death case.

Who Can Bring a Wrongful Death Claim in California

The law outlines who has the right to file a wrongful death lawsuit. This typically includes the deceased person’s spouse or registered domestic partner and their children. If none of these relatives are alive, other parties may qualify, such as parents, stepchildren, or individuals who were financially dependent on the deceased. These rules are set by California Code of Civil Procedure section 377.60.

Four Types of Damages Available

When you file a wrongful death claim, compensation can include both economic and non-economic losses. The main categories are:

Loss of Future Earnings and Financial Support
This refers to the income and benefits the deceased would likely have earned throughout their working life. It includes wages, bonuses, promotions, retirement contributions, pensions, and similar employment benefits. Experts consider factors like age, health, career trajectory, and life expectancy to estimate these earnings.

Value of Household Services Lost
Many individuals contribute to their families through unpaid work such as childcare, cooking, cleaning, home maintenance, and transportation. The cost of replacing these services is calculated using local rates to reflect their financial value.

Loss of Love, Care, Companionship, and Guidance
These non-economic damages compensate for the emotional and relational losses experienced by surviving family members. They include the loss of affection, guidance, support, and the comfort the deceased provided.

Expenses Related to Final Medical Care and Funeral or Burial Costs
This category includes medical expenses incurred from the time of injury until death, such as hospital bills, emergency treatments, surgeries, and medications. It also covers funeral, burial, cremation, memorial services, and related costs. In some cases, California law allows recovery for the pain and suffering the deceased endured before passing.

Punitive Damages (When Applicable)

In rare cases, punitive damages may also be awarded. These are meant to punish particularly egregious or reckless behavior by the defendant and deter similar conduct in the future. The standard for proving punitive damages is higher than for other types of compensation.

If your family has suffered the wrongful death of a loved one, Hillstone Law can help you understand which damages may apply to your situation and guide you through the legal process with care and expertise.