California law says wrongful death damages are what is "just" under all the circumstances (Code of Civil Procedure 377.61). The Judicial Council's jury instruction for the death of an adult, CACI 3921, turns that into a list jurors work from, and this guide follows it. Our wrongful death page explains the claim itself.
How is a wrongful death award built, step by step?
- Confirm who may bring the claim: the family members listed in Code of Civil Procedure 377.60.
- Document the financial support, gifts and household services the person provided, and the funeral and burial costs.
- Measure future support over the shorter of the two life expectancies, then reduce it to present cash value (CACI 3921).
- Show the relationship: the love, companionship, care and guidance the family lost, which jurors value without a fixed formula.
- At trial, the jury may return one amount for the whole family, and the court divides it (Code of Civil Procedure 377.61).
What does the jury instruction list?
| Item | Type | How it is measured |
|---|---|---|
| Financial support the person would have contributed to the family | Economic | Over the shorter of the person's life expectancy and the family member's; future amounts reduced to present cash value |
| Gifts or benefits the family member would have expected to receive from the person | Economic | Their value, based on the evidence |
| Funeral and burial expenses | Economic | The expenses |
| Household services the person would have provided | Economic | Their reasonable value |
| Loss of love, companionship, comfort, care, assistance, protection, affection, society and moral support | Noneconomic | No fixed standard; jurors use their judgment and common sense |
| Loss of the enjoyment of sexual relations | Noneconomic | Included where it applies |
| Loss of the person's training and guidance | Noneconomic | Included where it applies |
The family does not have to prove the exact amount, but jurors may not speculate or guess (CACI 3921). The economic and noneconomic totals are stated separately on the verdict form. For who pays the funeral bill while the claim is pending, see who pays funeral costs after a wrongful death.
How is lost support measured?
Lost financial support is limited to the shorter of two life expectancies: the person who died and the family member claiming it. For a parent who loses an adult child, for example, if the parent's life expectancy is shorter, only the support during the parent's lifetime counts. In deciding life expectancy, jurors may consider the average for a person of that age, plus health, habits, activities, lifestyle and occupation; published life tables are evidence but not conclusive.
Future economic losses must be reduced to present cash value, a lump sum that, invested today, would replace them. The instruction also has an optional paragraph telling jurors to state noneconomic damages in current dollars and not to reduce them again; the Judicial Council notes that the law on that point is not completely settled for wrongful death cases.
Does it matter if the person had no income?
Income matters only to the support item. Household services and the loss of companionship, care and moral support do not depend on a paycheck. In the authority it lists under CACI 3921, the Judicial Council quotes a court decision noting that the services of children, elderly parents or spouses who do not work outside the home often produce no measurable income, yet their death is a real injury to the family for which just compensation should be paid. The same notes quote decisions that the closeness of the family and the kind, attentive character of the person are proper factors for the noneconomic award. Our guide on a wrongful death claim when the person was retired or had no income goes through each item for an older parent or a spouse who was not working.
What is not included?
| Not recoverable in the wrongful death claim | Why |
|---|---|
| The family's grief, sorrow or mental anguish | CACI 3921 tells jurors not to consider it |
| The pain and suffering of the person who died | Not part of the family's claim (CACI 3921); it belonged to the survival claim, which since January 1, 2026 generally cannot recover it either (Code of Civil Procedure 377.34) |
| Losses the person suffered before death, such as their own medical bills and lost wages | These belong to the separate survival claim (Code of Civil Procedure 377.34 and 377.61) |
| Punitive damages | California decisions bar them in a wrongful death action, as the CACI notes explain, except when the death resulted from a homicide for which the defendant was convicted of a felony (Civil Code 3294(d)) |
| Punitive damages against a city, county or other public entity | Never available against a public entity (Government Code 818) |
The instruction also tells jurors not to consider the poverty or wealth of the family member bringing the claim. For the person's own losses before death, see what changed for pre-death pain and suffering in 2026. Who brings that separate claim is explained in whether you need probate for a survival claim.
Is there a cap on wrongful death damages?
One statute caps part of the award: when a health care provider's professional negligence caused the death, noneconomic damages are limited by Civil Code 3333.2(c). The cap was $500,000 for cases filed on or after January 1, 2023 and rises by $50,000 every January 1 until it reaches $1,000,000; on that schedule it is $650,000 in 2026. The amount in effect at the time of judgment, arbitration award or settlement applies, and the cap is then adjusted for inflation each year from January 1, 2034 (Civil Code 3333.2(g) and (h)).
How is the award shared among family members?
When several family members bring the claim together, the jury may be asked to return one amount for all of them, and the court divides it (CACI 3921; Code of Civil Procedure 377.61). Our guide on how a wrongful death settlement is divided explains how the court decides each share and what happens to a child's share. For the loss of a child, the measure is different; see what parents can recover for the death of a child.
What changes the answer?
The age and health of the person who died, and of the family member. Lost support is measured over the shorter life expectancy, and jurors may consider health, habits, activities, lifestyle and occupation (CACI 3921).
The relationship. A spouse may claim the loss of the enjoyment of sexual relations, and a child the loss of the parent's training and guidance (CACI 3921). The death of a minor child is measured differently, as our guide on what parents can recover for the death of a child explains.
Who caused the death. A public entity never pays punitive damages (Government Code 818), and a health care provider's negligence brings the noneconomic damages cap above. If the defense says your loved one was partly to blame, see wrongful death when the person was partly at fault.
Whether elder abuse was involved. For an older adult who died after neglect in a care facility, the Elder Abuse Act can change what the estate recovers, as explained in what California's Elder Abuse Act adds to a claim.
A criminal conviction. Punitive damages become possible only when the death resulted from a homicide for which the defendant was convicted of a felony (Civil Code 3294(d)).
What could this look like? An example
For example, imagine a 45-year-old mother of two teenagers who is killed in a crash. Her husband and both children bring the claim together.
The economic part would include the support her paycheck provided over the shorter of the life expectancies involved, reduced to present cash value, the household work she did, from driving to cooking, and the funeral and burial bills. The noneconomic part would cover the loss of her love, companionship and moral support for all three, the husband's loss of their relationship, and the teenagers' loss of her guidance. The family's grief itself is not part of the award. Her own medical bills before death belong to the separate survival claim. The court would then divide the award, and the teenagers' shares would need a judge's approval before any settlement is final. The example is made up and says nothing about what any real case is worth.
What mistakes do families make?
- Assuming there is no case because the person who died had no paycheck.
- Throwing away receipts for the funeral, burial and travel.
- Forgetting to list household services, such as childcare, repairs and transportation.
- Expecting punitive damages in an ordinary negligence case.
- Mixing the person's own pre-death losses into the family's claim instead of the survival claim.
- Agreeing privately on each person's share and assuming no court is involved.
What should we do this week?
- Start a folder for funeral, burial and medical bills and proof of payment.
- Gather pay stubs, tax returns and bank records that show the support the person provided.
- Write a list of the household work the person did each week.
- Collect photos, messages and names of people who can describe the family's relationship.
- Check who may bring the claim in who can file a wrongful death claim.
Frequently asked questions
Do we have to prove an exact dollar amount?
No. The family does not have to prove the exact amount, but jurors may not speculate or guess (CACI 3921).
Can brothers and sisters recover?
Only if they are among the people who may bring the claim, generally when they would inherit because there are no surviving descendants or parents (Code of Civil Procedure 377.60; Probate Code 6402).
Is the person's pain before death part of the award?
Not in the wrongful death claim. In a survival claim filed on or after January 1, 2026, it generally cannot be recovered either, except in proven elder abuse cases.
Can a city or county be made to pay punitive damages?
No. A public entity is not liable for punitive damages (Government Code 818).
What if a doctor's negligence caused the death?
Noneconomic damages are then limited by Civil Code 3333.2(c), with the amount in effect at the time of judgment, arbitration award or settlement applying.
Is the loss of a parent's guidance recoverable for adult children?
The instruction lists the loss of training and guidance as an item where it applies, and the Judicial Council's notes quote a decision allowing a child to recover for the loss of a parent's companionship (CACI 3921).
Can a registered domestic partner recover the same as a spouse?
Yes. A registered domestic partner is listed with the spouse in Code of Civil Procedure 377.60, and registered partners have the same rights as spouses under California law (Family Code 297.5).
The deadline usually comes first: generally two years from the death, and six months for a claim against a public entity. See how long a family has to file a wrongful death claim.
If your family has lost a loved one and you have questions about what can be recovered, contact Young Law Group today at (707) 343-0556 or through our contact page for a free and confidential consultation.
Sources
- Family Code section 297.5 (rights of registered domestic partners)
- Code of Civil Procedure section 377.60 (who may bring a wrongful death claim)
- Probate Code section 6402 (who inherits when there is no will)
- Code of Civil Procedure section 377.61 (wrongful death damages)
- Judicial Council of California: Civil Jury Instructions (CACI), 2026 edition: instruction 3921 and its sources and authority
- Code of Civil Procedure section 377.34 (damages in a survival claim)
- Civil Code section 3294 (punitive damages, including subdivision (d))
- Government Code section 818 (no punitive damages against a public entity)
- Civil Code section 3333.2 (noneconomic damages limit in health care cases)
