What compensation can a family recover in a California wrongful death case?

Quick Answer

California wrongful death damages fall into two distinct claims, usually pursued together. The wrongful death claim under CCP §377.60 compensates the family for their own losses: economic damages (lost support, funeral costs, household services) and non-economic damages (loss of love, companionship, comfort, guidance). The survival action under CCP §377.34 compensates the estate for the deceased’s own pain, suffering, and losses between injury and death, and can include punitive damages under Civil Code §3294.

Reviewed by Daryoosh Khashayar, ABOTA Member, founder and managing partner of Khashayar Law Group — Last updated May 2026.

California recognizes two distinct but related causes of action when someone is killed by another’s wrongful conduct. The wrongful death claim under California Code of Civil Procedure §377.60 belongs to the surviving family members and compensates them for what they lost. The survival action under CCP §377.34 belongs to the deceased’s estate and compensates the estate for what the deceased experienced between the wrongful act and death.

Most serious wrongful death cases pursue both claims together. The combined recovery typically includes economic damages (the financial support and services the deceased would have provided), non-economic damages (the family’s emotional losses), the deceased’s pre-death pain and suffering, the deceased’s pre-death medical expenses and lost earnings, and in cases of oppression, fraud, or malice, punitive damages under California Civil Code §3294.

Khashayar Law Group secured a $4 million wrongful death settlement in National City for a motorcycle rider who had initially been deemed at fault by responding officers. The recovery combined the family’s wrongful death damages with a survival action for the rider’s pre-death pain and suffering.

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What economic damages are available?

The wrongful death claim under §377.60 compensates the family for measurable financial losses caused by the death:

  • Lost financial support — the income the deceased would have provided to the family over their expected working life, calculated by economists.
  • Lost benefits — health insurance, retirement contributions, and other benefits the deceased would have provided.
  • Funeral and burial expenses — reasonable costs of memorial services, burial, cremation, and related expenses.
  • Lost household services — the economic value of childcare, housekeeping, yard work, and other services the deceased performed for the family.
  • Lost gifts or benefits — the value of any gifts or benefits the heirs reasonably expected to receive.

California has no statutory cap on wrongful death economic damages outside of MICRA-governed medical malpractice cases.

What non-economic damages are available?

Non-economic damages under §377.60 compensate the family for the relational and emotional losses caused by the death:

  • Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
  • Loss of the deceased’s training and guidance — particularly important when the deceased was a parent of minor children.
  • Loss of consortium — the loss of the marital relationship, including intimacy and companionship.

California does not allow the surviving family to recover for their own grief, sorrow, or mental anguish under the wrongful death claim itself. Those emotional losses are routinely compensated through the loss-of-companionship category. The single statutory cap that applies is the MICRA cap (Civil Code §3333.2), which limits non-economic damages in medical malpractice wrongful death cases.

What is the survival action?

The survival action under CCP §377.34 is a separate claim brought by the deceased’s estate (through the personal representative) for damages the deceased experienced between the wrongful act and death. It includes:

  • The deceased’s pre-death pain and suffering.
  • The deceased’s pre-death medical expenses.
  • The deceased’s pre-death lost earnings.
  • Other damages the deceased could have recovered if they had survived.

The survival action proceeds are paid to the estate and distributed under the deceased’s will (or by California intestate succession if there is no will). Survival action damages are often substantial in cases where the deceased lingered for weeks or months before dying.

When are punitive damages available?

Punitive damages are not available in the wrongful death claim itself under California law. They CAN be recovered through the survival action under CCP §377.34 when the underlying conduct involved oppression, fraud, or malice as defined by California Civil Code §3294. Common scenarios:

  • Drunk-driving deaths.
  • Intentional torts (assault, battery) that resulted in death.
  • Manufacturer concealment of known product defects.
  • Reckless corporate decisions that prioritized profit over safety.

Punitive damages must be supported by clear and convincing evidence and bear a reasonable relationship to the compensatory damages.

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This FAQ relates to our Wrongful Death practice. To evaluate every available damage category in your case, call (858) 509-1550 for a free consultation.