When a retired mother, a grandfather who watched the grandchildren, or a spouse who kept the household running is killed, families sometimes ask whether the law sees any loss at all, since no paycheck stopped. It does. Our wrongful death page explains the claim in general; this guide focuses on the person who was retired, past working age, or simply not earning.
California law allows damages that "may be 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, lists what jurors consider, and only one item on that list is tied to money the person contributed. Court decisions below are described only as the Judicial Council quotes them in the instruction's Sources and Authority.
How does a claim for a retired parent's death work, step by step?
- Confirm who brings the claim. A surviving spouse or registered domestic partner and the children, adult children included, are first in line (Code of Civil Procedure 377.60(a)).
- List what the person did for the family. Childcare for grandchildren, cooking, rides to appointments, help with bills and repairs: these are household services with a reasonable value (CACI 3921).
- Document any money the person gave. Regular help with rent, tuition or groceries can be financial support or gifts and benefits under the instruction.
- Gather the funeral and burial bills. They are recoverable whatever the person's age or income (CACI 3921).
- Show the relationship. Photos, messages, holidays and routines, and people who can describe them, are the evidence of the noneconomic loss.
- Keep the person's own losses separate. Medical bills before death belong to the survival claim, not the family's wrongful death claim (Code of Civil Procedure 377.34 and 377.61).
- Watch the deadline. Generally two years from the death (Code of Civil Procedure 335.1), and six months for a written claim to a public entity (Government Code 911.2).
Which parts of the claim depend on income?
| Item in CACI 3921 | Does it need a paycheck? | What can show it for a retired person |
|---|---|---|
| Financial support the person would have contributed to the family | It needs money the person contributed, from any source; the instruction says "if any" | Bank records of regular help to a spouse or child; household budgets showing shared retirement income |
| Gifts or benefits the family member would have expected to receive | No | A pattern of birthday checks, help with a grandchild's school costs, holiday gifts |
| Funeral and burial expenses | No | The funeral contract, cemetery and cremation bills, receipts |
| Reasonable value of household services the person would have provided | No | A weekly list of tasks; what it costs to hire the same help |
| Loss of love, companionship, comfort, care, assistance, protection, affection, society and moral support | No | Testimony from family and friends, photos, messages, shared routines |
| Loss of the enjoyment of sexual relations (a spouse) | No | The marriage itself, described by the surviving spouse |
| Loss of the person's training and guidance | No | The advice and help the person gave children and grandchildren |
The family does not have to prove an exact figure for any item, but jurors may not speculate or guess, and the economic and noneconomic amounts are stated separately on the verdict form (CACI 3921). The full list, and what it leaves out, is in our guide on what a family can recover in a wrongful death case.
Why does a life without a paycheck still count?
Because the law measures what the family lost, not what the person earned. Among the decisions the Judicial Council quotes under CACI 3921, one describes wrongful death damages as the financial benefits the heirs were receiving, those reasonably expected in the future, and "the monetary equivalent of loss of comfort, society, and protection." Another, also quoted there, names elderly parents among those whose services may produce no measurable income for the family, and treats their death as a substantial injury that deserves just compensation.
The same notes quote a decision that the value of the society, comfort and protection lost "may be considerable" where the person had shown a kindly demeanor toward the family member and given them help, and another that the closeness of the family, the depth of their love and affection, and the person's character as kind, attentive and loving are proper things for a jury to weigh. A grandmother who called every Sunday, cooked for the family and helped raise the grandchildren fits those words more closely than any pay stub could.
Two other rules point the same way. Civil Code 1431.2(b) lists "loss of society and companionship" among noneconomic damages and "costs of obtaining substitute domestic services" among economic damages, neither of which turns on wages. And CACI 3921 tells jurors not to consider the poverty or wealth of the family member bringing the claim, so adult children who are financially comfortable are not recovering less for that reason.
What household services can be counted?
CACI 3921 allows "the reasonable value of household services" the person would have provided. The instruction does not list them, so the evidence does. For a retired person, that can include:
- watching grandchildren before or after school, or during summers;
- caring for a spouse with an illness or disability;
- cooking, cleaning, laundry and shopping for the household;
- driving family members to medical appointments, school or work;
- yard work, home repairs and maintenance;
- managing the household's bills, taxes and paperwork.
A simple way to show the value is what it would cost to hire someone for the same work, which matches the "costs of obtaining substitute domestic services" that Civil Code 1431.2(b)(1) counts as economic damages. A surviving spouse who now pays for in-home help, or adult children who now pay for childcare, have receipts that tell that story. Keep them.
Does age or health make the claim worth less?
It can affect the economic items, because they are measured over time. Lost financial support is measured over the shorter of the person's life expectancy and the family member's (CACI 3921), and future economic losses are reduced to present cash value. Jurors may consider the average life expectancy for someone of that age, along with health, habits, activities and lifestyle, and the published tables are evidence, not a rule: as the instruction says, some people live longer and others die sooner.
The noneconomic loss is different. There is no fixed standard for it, and jurors decide a reasonable amount from the evidence and their common sense (CACI 3921). In its directions for using the instruction, the Judicial Council explains that when a person had already recovered for lost earning capacity before dying, lost support is measured by their physical condition at death, but "there is no similar limitation" on the loss of companionship and care. A decision quoted in the notes upheld refusing to measure loss of consortium damages from the person's physical condition at the time of death.
So an older or ill parent's death may mean a smaller support figure, but the loss of the relationship is measured by the relationship.
What if the death followed neglect in a care facility or a medical error?
Two sets of rules can change the picture for older adults. If it is proven that the death followed physical abuse, neglect or abandonment, and that the defendant acted with recklessness, oppression, fraud or malice, the Elder Abuse Act adds remedies: the court must award reasonable attorney's fees and costs, and the usual limits on the estate's damages in Code of Civil Procedure 377.34 do not apply, subject to the cap in Civil Code 3333.2(b) (Welfare and Institutions Code 15657). Our guide on bringing an elder abuse claim after a parent has died explains how that claim continues. Facility cases are covered on our nursing home neglect page.
If a doctor's or hospital's professional negligence caused the death, the family's noneconomic damages are capped. For wrongful death cases filed on or after January 1, 2023, the cap started at $500,000 and rises by $50,000 each January 1 for 10 years, and the amount in effect at the time of judgment, arbitration award or settlement applies (Civil Code 3333.2(c) and (g)). The Act's remedies are explained in more detail in what the Elder Abuse Act adds to a claim.
Who in the family brings the claim?
A surviving spouse or registered domestic partner and the person's children, whatever their age, may bring the claim, along with the children of a child who died earlier (Code of Civil Procedure 377.60(a)). The claims are brought together, and when there is an award the court decides each person's share (Code of Civil Procedure 377.61); see how a wrongful death settlement is divided.
Stepchildren and parents can also qualify if they were dependent on the person (Code of Civil Procedure 377.60(b)). For blended families and unmarried partners, see who can file a wrongful death claim.
What changes the answer?
A spouse who depended on shared retirement income. The financial support item asks what the person "would have contributed to the family," so a pension or savings that supported both spouses can be part of the economic loss, measured over the shorter life expectancy (CACI 3921).
A grandparent who provided regular childcare. That is a household service with a reasonable value, and the cost of replacing it is evidence of that value (CACI 3921; Civil Code 1431.2(b)(1)).
Neglect or abuse in a facility. Proven recklessness, oppression, fraud or malice brings attorney's fees and other remedies under Welfare and Institutions Code 15657.
A medical cause. Noneconomic damages are capped under Civil Code 3333.2(c).
The person's own share of fault. If the defense proves the person was partly to blame, for example in a crosswalk crash, the award is reduced by that share (CACI 407); see wrongful death when the person was partly at fault.
A public agency or a driver who also died. A written claim to a city, county or the State is due within six months (Government Code 911.2), and if the at-fault person also died, a one-year rule applies; see claims when the person who caused the death also died.
What could this look like? An example
For example, imagine a 76-year-old widow in Rohnert Park who is struck and killed in a crosswalk. She had been retired for years. She watched her two grandchildren three afternoons a week, cooked Sunday dinner for her two adult children and their families, and helped her son with his kids' school costs each fall.
Her two adult children bring the wrongful death claim. There is no lost wage, and little or no financial support to claim. But the claim would include the funeral and burial bills; the reasonable value of the childcare she provided, shown by what her son now pays for after-school care; her yearly help with school costs as gifts or benefits; and the loss of her love, companionship, care and moral support, shown through family members, friends and years of photos. Her hospital bill before she died would belong to the separate survival claim. Her life expectancy would matter to the economic items but would not cap the loss of the relationship. If the claim succeeds, the court would divide the award between the two children. This example is made up to show how the rules fit together; it says nothing about any real case.
What mistakes do families make?
- Deciding there is no case because the person was retired, and letting the deadline pass.
- Leaving out the household help the person gave, because it was never paid.
- Throwing away receipts for childcare, in-home help or rides that the family now has to pay for.
- Treating the person's own medical bills as part of the family's claim instead of the survival claim.
- Not asking whether a care facility's neglect played a part, which can bring the Elder Abuse Act into the case.
What should we do this week?
- Write a list of what the person did for each family member in a normal week.
- Collect photos, cards, messages and the names of friends who knew the family well.
- Keep the funeral bills and proof of payment; see who pays funeral costs after a wrongful death.
- Save receipts for any help you now pay for: childcare, caregiving, rides, repairs.
- Use our list of what to gather in the first weeks after a death for records and reports.
- Mark the deadline; see how long a family has to file a wrongful death claim.
Frequently asked questions
Is a claim for an 80-year-old worth less than for a 40-year-old?
Age can reduce the economic items, because they are measured over the shorter life expectancy. The noneconomic loss has no fixed standard and is decided from the evidence of the relationship (CACI 3921).
Can adult children who live far away recover?
Yes. The statute lists the person's children without any age or residence condition (Code of Civil Procedure 377.60(a)). Jurors look at the relationship as a whole, and the notes to CACI 3921 quote a decision that the closeness of the family is a proper consideration.
Does it matter that we are financially comfortable?
No. CACI 3921 tells jurors not to consider the poverty or wealth of the family member bringing the claim.
Can we recover for our grief?
No. The instruction tells jurors not to consider the family's grief, sorrow or mental anguish (CACI 3921). The recovery is for the loss of the person's love, companionship, care and support.
Does the claim pay for the pain our parent felt before dying?
Not in the wrongful death claim. In a survival claim filed on or after January 1, 2026, pain and suffering generally cannot be recovered (Code of Civil Procedure 377.34), except under the Elder Abuse Act. See what changed on January 1, 2026.
Where would a Sonoma County case be heard?
In Sonoma County Superior Court in Santa Rosa; see what to expect at Sonoma County Superior Court. Our Sonoma County personal injury page lists the local agencies families deal with after a death.
If your family has lost a parent or spouse who was retired or not working, contact Young Law Group today at (707) 343-0556 or through our contact page for a free and confidential consultation.
Sources
- Judicial Council of California: Civil Jury Instructions (CACI), 2026 edition: instructions 407 and 3921, with the Directions for Use and Sources and Authority for 3921
- Code of Civil Procedure section 377.60 (who may bring a wrongful death claim)
- Code of Civil Procedure section 377.61 (wrongful death damages; the court divides the award)
- Code of Civil Procedure section 377.34 (damages in a survival claim)
- Civil Code section 1431.2 (economic and noneconomic damages defined)
- Welfare and Institutions Code section 15657 (Elder Abuse Act remedies)
- Civil Code section 3333.2 (noneconomic damages limit in health care cases)
- Code of Civil Procedure section 335.1 (two years for a death)
- Government Code section 911.2 (six-month claim to a public entity)
