Home » Blog » Wrongful Death Damages in California: What Families Can Recover
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Last Modified on May 26, 2026
When a family member dies because of another party’s actions, this can form grounds for a wrongful death case, enabling the family to pursue accountability and compensation. While money cannot replace the victim, wrongful death damages in California can provide a sense of closure and help the family resolve the economic impact of the victim’s death. You should hire an experienced wrongful death lawyer to help with this difficult case.
Claiming Wrongful Death Damages in California
A wrongful death case is a type of personal injury case filed by the surviving family of a deceased victim who would have had grounds to file a personal injury claim if they had survived. The objective of this case is for the family to secure compensation for their economic and non-economic damages, and anyone who intends to pursue this type of claim must work with an experienced California wrongful death attorney to have the greatest chance of success.
Wrongful deaths occur in many ways. For example, car accidents are a leading cause of accidental deaths in California each year, and the California Office of Traffic Safety reported 4,061 vehicle accident deaths statewide in 2023. Falls, workplace accidents, and acts of violence are other possible causes, and proving fault will be essential for collecting any wrongful death damages in California.
An experienced attorney can help you file your wrongful death claim, gathering the evidence needed to prove liability for the fatal accident and helping the surviving family prove the full scope of their claimable damages. These damages often include:
- Economic losses suffered by the deceased’s estate between the accident in question and the victim’s death. For example, if the victim did not die immediately, the family can claim compensation for property damage, medical bills during their final treatment, and any other losses the victim incurred because of the defendant’s actions before their death.
- Funeral and burial expenses.
- Lost financial support. The family can claim compensation for the income the deceased would have been able to earn and provide to them if they had survived. An experienced attorney can help your family calculate the future income the victim would have likely earned if they had survived.
- Lost value of household services. If a parent dies, their coparent likely faces increased economic strain from the cost of maintaining their home, caring for children, and paying for childcare services if they must start working because of their partner’s death.
- Pain and suffering. The family has the right to claim compensation for the loss of companionship they have experienced because of the unexpected death. These non-economic damages are capped in some types of wrongful death cases, such as those arising from medical malpractice.
Ultimately, the surviving family could have grounds to claim substantial compensation from the party responsible for causing the victim’s death. In some cases, additional compensation, like punitive damages, could be awarded to the family to reflect how the defendant caused the death. Punitive damages are more likely to come into play when the defendant’s illegal misconduct caused a fatal injury, such as drunk driving or an intentional act of violence.
Ultimately, facing a wrongful death case is an incredibly difficult experience in many ways. A successful case against the defendant can provide closure and secure compensation for the surviving family’s losses. If you have questions about wrongful death damages in California and what to expect in your case, reach out to Bentley & More LLP as soon as possible to speak with an experienced California wrongful death attorney.
FAQs
How Do You Prove Fault for a Wrongful Death in California?
Proving fault for a wrongful death in California may require various types of evidence that a skilled attorney can obtain on your behalf. The evidence you require depends on the nature of the fatal incident in question, and some evidence may not be obtainable for very long. Your California wrongful death attorney will be an invaluable asset for gathering the proof of liability you need to hold a defendant accountable for your loved one’s wrongful death.
Will the Defendant Go to Jail for Causing a Wrongful Death?
A defendant could go to jail for causing a wrongful death based on the manner in which they caused it. A wrongful death case is a civil action brought by the family of the victim that seeks compensation for losses; it does not seek punishment for the defendant breaking the law. If they did break the law, the state may file a separate criminal case against them, and penalties for many criminal offenses in California increase significantly if the defendant caused a fatal injury.
How Much Is a Wrongful Death Claim Worth in California?
In California, the value of a wrongful death claim varies based on multiple factors. An experienced California wrongful death attorney can accurately calculate the economic damages your family is eligible to claim from the defendant, and they can also help you obtain appropriate compensation for loss of companionship. Hire a wrongful death lawyer so they can estimate the full potential value of your claim.
Why Do I Need to Hire a Wrongful Death Lawyer?
You need to hire a wrongful death lawyer because this type of case is not only emotionally stressful, but it also entails various legal challenges that the average person cannot resolve on their own. Working with a seasoned local attorney dramatically increases your chances of reaching a favorable outcome, and your family is more likely to resolve the case efficiently and secure appropriate compensation with an attorney’s help.
Get Trusted Legal Guidance Today
The team at Bentley & More LLP knows how difficult it is to lose a family member unexpectedly. We can help you pursue wrongful death damages in California, but it is vital to start building your case as soon as possible. Our team is ready to gather the evidence you need to prove fault for the fatal incident in question and hold the defendant accountable for the fatal results of their actions. Contact us today to schedule a free consultation with our team.
About the author: Greg Bentley
Co-Founder & Trial Lawyer at Bentley & More LLP
Greg Bentley is Co-Founder of Bentley & More LLP in Newport Beach, California. With 36 years of experience, he represents plaintiffs in personal injury, wrongful death, product liability, insurance bad faith, dangerous road and property conditions, and construction-site failure cases. Admitted to the State Bar of California, Greg earned his J.D. from Western State University College of Law in 1990. He is a member of several invitation-only trial organizations, including the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is active in multiple statewide and regional trial lawyer associations.
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