August 27, 2026 | By Greene Broillet & Wheeler
Key Takeaways
- Surviving family members can recover several types of wrongful death damages in California.
- Economic damages include lost financial support, lost household services, and funeral costs.
- Non-economic damages compensate for lost love and companionship, not grief or mental anguish.
- A separate survival action may allow the estate to recover losses related to the decedent’s pain and medical bills.
- Punitive damages apply in certain wrongful death claims, though survival actions may allow them.
Losing a family member because of another party’s negligence brings emotional devastation alongside sudden financial strain. No settlement can undo that loss. However, California law gives families a way to ease the economic burden. Eligible survivors can pursue wrongful death damages in California to help offset financial loss and seek accountability for other types of losses as well. For over five decades, the Los Angeles wrongful death lawyers at Greene Broillet & Wheeler have guided families through this process, and we want every client to understand these categories of compensation before a claim moves forward.
| Type of Damages |
What It Covers |
| Economic Damages |
Lost financial support, household services, and funeral, burial, or cremation costs |
| Non-Economic Damages |
Loss of love, companionship, comfort, care, society, protection, affection, and moral support |
| Survival Action |
Medical bills, lost income, and certain losses the decedent experienced before death |
| Punitive Damages |
Damages available in qualifying cases involving oppression, fraud, or malice |
1. Economic Damages
California law lets eligible survivors recover the financial losses tied to a loved one’s death, including the income and benefits the deceased would have provided over their lifetime. Survivors may also recover the value of household services the deceased handled, such as childcare, cooking, and home maintenance, along with the actual costs of funeral, burial, or cremation. Unfortunately, insurance adjusters can undervalue future lost support. Our legal team works with economists and reviews employment and tax records before presenting a final figure to a jury or insurer to ensure compensation is fair for the victims of such tremendous loss.
2. Non-Economic Damages
Beyond these financial figures, California law also recognizes losses no invoice can capture. A jury determines non-economic damages by weighing the evidence and common sense rather than applying a fixed formula. Survivors may recover for the loss of a decedent’s love, companionship, comfort, care, and society, as well as the loss of protection, affection, and moral support. Additionally, parents of minor children can also seek damages tied to the guidance and training a child will no longer receive.
California draws one firm boundary here: a family’s own grief, sorrow, or mental anguish is not compensable.
3. Survivor Actions
A related but distinct claim exists outside the wrongful death action itself. Under California Code of Civil Procedure section 377.34, a decedent’s estate can pursue a survival action to recover damages the decedent personally suffered before death, including medical bills, lost income between the injury and death, and, in limited circumstances, compensation for conscious pain and suffering. This claim survives independently of the wrongful death action, and many families choose to pursue both together to recover the full scope of what the law allows.
4. Punitive Damages
Punitive damages are available only in certain wrongful death claims in California, but a survival action can make them possible. These damages require clear and convincing evidence that the defendant acted with oppression, fraud, or malice. This standard is well above ordinary negligence. Courts award punitive damages to punish especially egregious conduct rather than to compensate for a specific loss. Families can discuss the circumstances of a wrongful death with an attorney to determine if this higher standard might be met.
Who Can File a Wrongful Death Claim in California?
Not every relative automatically qualifies to bring a wrongful death claim in California, and the rules can catch families unprepared during an already difficult time. Under California Code of Civil Procedure section 377.60, the following parties generally hold standing to file:
- A surviving spouse or registered domestic partner
- A biological or adopted child of the decedent
- A grandchild, if the decedent’s children have also died before them
- Other heirs who would inherit through intestate succession, when no closer relative survives
- A personal representative acting on behalf of these eligible parties and any minor children
Because these rules can become complicated when a family includes stepchildren, half-siblings, unmarried partners, or financially dependent relatives, families in this situation can benefit from timely legal guidance to confirm exactly who has standing to file before moving forward.
Contact a Wrongful Death Lawyer in Los Angeles
Greene Broillet & Wheeler stands ready to investigate your case, identify every liable party, and build the strongest possible claim on your family’s behalf. Our Los Angeles wrongful death attorneys prepare every case for litigation from the very first meeting, whether it settles before trial or reaches a jury. We pursue wrongful death damages in California with the same commitment at every stage. Contact us today at (866) 634-4525 for a free consultation to discuss your family’s legal options.
Bruce A. Broillet
Bruce A. Broillet is a nationally recognized California trial lawyer and partner, inducted into both the CAALA Hall of Fame and the Lawdragon Hall of Fame, and a member of the elite Inner Circle of Advocates. He has achieved numerous seven- and eight-figure results, including a $3.3 billion settlement against Big Tobacco, the landmark $55 million Erin Andrews verdict, and the largest legal malpractice verdict in California history. Widely regarded as one of the state’s most accomplished plaintiff lawyers, Bruce is a former Consumer Attorney of the Year and a perennial honoree of Best Lawyers in America and Super Lawyers.
Call us at 866-634-4525
