What Is A California Wrongful Death Claim Worth?

There is no greater harm than the death of a loved one. When your family member is killed by the negligence of another person or entity, you have the right to make a California wrongful death claim against the person, people, or entities responsible for causing the wrongful death.

What your wrongful death case is worth depends on many different factors. In California, the value of a wrongful death claim is driven primarily by the survivors’ losses, not by the severity of the decedent’s pain and suffering (which is generally part of a separate survival action, if available). There is no fixed formula, and juries have broad discretion in awarding damages.

The most important factors include:

1. Age of the Decedent
   • Younger decedents often have a longer expected work life and longer anticipated relationships with family members, potentially increasing damages.
   • Older decedents may have lower economic losses but can still result in substantial noneconomic damages.
2. Age and Circumstances of the Heirs
   • Minor children who lose a parent often have significant claims for the loss of guidance, care, and support.
   • Elderly parents who lose an adult child may have smaller economic losses but may still have significant noneconomic damages if the relationship was close.
3. Life Expectancy
   • The life expectancy of both the decedent and the surviving heirs is considered when evaluating the duration of future losses.
4. Earning Capacity
   • Current income.
   • Expected future raises and promotions.
   • Employment benefits (health insurance, retirement, bonuses, stock options).
   • Self-employment income.
   • Likelihood of continued employment.
5. Household Services
   The value of services the decedent provided, such as:
   • Childcare
   • Cooking
   • Home maintenance
   • Transportation
   • Financial management
   • Care giving

Experts frequently calculate the replacement cost of these services.

1. Financial Support
   Damages include the financial support the heirs would reasonably have expected to receive during the decedent’s lifetime.
2. Relationship with the Heirs
   This is often one of the largest drivers of value.

Evidence includes:

1. • Frequency of contact
   • Emotional closeness
   • Involvement in children’s lives
   • Shared activities
   • Dependence upon one another
2. Loss of Love, Companionship, and Society
   California permits recovery for:
   • Love
   • Companionship
   • Comfort
   • Care
   • Assistance
   • Protection
   • Affection
   • Moral support
   • Training and guidance (particularly for children)

There is no statutory cap on these damages in most California wrongful death cases.

1. Number of Heirs
   While there is generally one wrongful death action, multiple heirs divide the recovery. More heirs do not necessarily increase the overall value, but multiple close relationships can increase the total noneconomic damages a jury finds appropriate.
2. Health of the Decedent
   Existing medical conditions may affect:

• Life expectancy
• Future earning capacity
• Ability to provide support

1. Comparative Fault
   If the decedent was partially at fault, damages are reduced by that percentage of fault.
2. Liability Issues
   Strong liability increases settlement value.
   Weak or disputed liability decreases it.
3. Insurance Coverage and Collectability
   Practical recovery often depends on:

• Liability insurance limits
• Umbrella policies
• Commercial policies
• Defendant assets

1. Quality of the Evidence
   Strong evidence can significantly increase value, including:

• Tax returns
• Employment records
• Videos and photographs
• Testimony from family, friends, employers, teachers, and coaches
• Medical records
• Expert economic analyses