How Much Is the Average Wrongful Death Settlement in California

When a loved one is lost due to someone else’s negligence, families in California often want to know how to move on. Facing financial uncertainty, they often ask about the average settlement value for a wrongful death claim. However, an average settlement may not address all your family’s losses. Wrongful death settlements in California vary significantly from case to case. No two families experience the same loss, and no two cases are valued the same.

Instead of looking for an average number, it’s more helpful to understand how wrongful death settlements are determined. Several factors, ranging from the relationship between the deceased to the available insurance coverage, play a role. In this blog, our California wrongful death lawyers will explain what damages may be recovered, what influences a settlement, who can file a claim, and how California law affects the legal process.

What Damages Can Be Recovered in a California Wrongful Death Case?

California law allows both economic and non-economic damages in wrongful death settlements, depending on the losses experienced by the family.

Your Family’s Financial Hardship

Economic damages reflect tangible, measurable financial losses caused by the death. They can include such losses as:

• Loss of future income: This damage includes the salary or wages the deceased would have earned over their working life.
• Medical expenses prior to death: These are costs for emergency care or treatment between injury and death.
• Funeral and burial costs: Reasonable expenses related to funeral services and burial arrangements may be reimbursed.
• Loss of household services: Families may recover the value of child care, home maintenance, or other contributions.

Economic damages are usually calculated using financial records, employment history, and expert analysis.

The Emotional Turmoil Your Family Suffers

Non-economic damages compensate for emotional and relational harm that doesn’t have a set dollar value. We can seek such losses as:

• Loss of companionship: Survivors may receive compensation for losing a close emotional relationship.
• Loss of guidance and care: This damage applies especially in parent-child relationships where nurturing was lost.
• Emotional pain and suffering: While grief is difficult to quantify, it can be factored into a settlement.

Non-economic damages do not have a fixed value and can vary widely based on the family’s experience and supporting evidence.

What Factors Influence a Wrongful Death Settlement in California?

Wrongful death claims are complex, and several specific elements affect how much compensation may be available in a California settlement. Frequently, the following factors play a role in the value of your family’s wrongful death settlement:

• Age and health of the deceased: Younger and healthier individuals often represent greater long-term loss.
• Earning capacity and income: Lost wages and future earning potential significantly affect the value of a claim.
• Financial dependence of survivors: Survivors who relied on the deceased for support may recover more.
• Insurance coverage and defendant’s assets: The available funds from insurance or personal assets can limit recovery.
• Fault and liability issues: Clear evidence that the defendant caused the death supports stronger claims.
• Strength of supporting evidence: Medical records, expert opinions, and witness accounts help establish damages.
• Relationship between survivors and the deceased: Close emotional bonds may lead to higher non-economic damages.
• Circumstances of the death: The nature of the negligent act can influence how damages are assessed and negotiated.

All these factors are considered together. For example, if the deceased was a high-income parent with young children, the economic loss alone may be significant. But if the liable party lacks insurance or financial resources, it may limit the actual amount the family can receive.

Who Can File a Wrongful Death Claim in California?

California law outlines who has legal standing to bring a wrongful death lawsuit. Only certain people may pursue compensation, and they must follow specific legal guidelines.

• Spouse or domestic partner: The surviving partner has the right to file a wrongful death claim.
• Children of the deceased: Biological or legally adopted children can recover for the loss of a parent.
• Dependent minors in the household: Stepchildren or minors financially dependent on the deceased may qualify.
• Other heirs under intestate succession: Parents, siblings, or others may have standing if no closer relatives exist.

In some situations, others who were financially dependent on the deceased, such as elderly parents or extended family, may also qualify to file a claim. It’s important to establish legal eligibility early in the process to avoid delays or missed deadlines.

Legal Rules That Directly Shape Your Wrongful Death Claim

In addition to the facts of the case, several legal rules in California influence how wrongful death claims must be handled. These laws shape the timeline for filing, determine how fault may impact damages, and establish what must be proven for a case to succeed.

What You’ll Need to Prove—and Why It Matters

To succeed in a wrongful death case, families must show that another party’s negligence caused the death. This requires evidence demonstrating that the at-fault party meets these four criteria:

• Duty of care: The at-fault party must have some legal or professional relationship with the decedent, whether that was as a driver of a car or the manager of a building.
• Breach of duty: The at-fault party must commit some action or inaction that deviates from standard practice or violates a law.
• Causation: This action or inaction must be the cause of an accident and the injuries the decedent suffered.
• Damages: Upon their passing, the family of the decedent suffered financial hardships and emotional loss, which can be sought for compensation.

Typically, evidence in a wrongful death case includes:

• Accident reports: Official documents from police, workplace safety agencies, or incident investigators.
• Medical records: Documentation of the deceased’s injuries, treatment, and cause of death.
• Autopsy reports: Coroner findings that help establish the cause of death and contributing factors.
• Witness statements: Testimonies from people who saw the event or have relevant information.
• Photographs or video evidence: Visual documentation from the accident scene or surveillance footage.
• Expert testimony: Opinions from professionals, such as accident reconstructionists or economists.
• Employment and earnings records: Proof of the deceased’s income, benefits, and earning capacity.
• Life expectancy and actuarial data: Projections used to calculate future financial losses.
• Receipts and invoices: For funeral costs, medical bills, or other related expenses.
• Insurance policy information: Coverage details from relevant parties or third parties.

Since courts require proof of both liability and damages, strong evidence is critical to supporting a fair settlement.

Why Timing Matters: The Two-Year Deadline You Can’t Miss

Per CCP § 335.1, families have a limited window to file a wrongful death lawsuit. In most cases, the statute of limitations is two years from the date of the person’s death. If the lawsuit is not filed within this timeframe, the courts will bar the case, and the family may lose the right to pursue compensation entirely. There are very few exceptions, so it’s important to act promptly after a loss.

When Fault Is Shared, What Happens to Compensation?

California follows a comparative negligence system under CIV § 1714, which means the amount of compensation can be reduced if the decedent was partially responsible for the incident that caused their death.

For example, if the decedent was found to be 25% at fault, the total settlement or award would be reduced by that same percentage. This rule allows families to recover damages even when shared responsibility is involved, but it does impact the final amount received.

Wrongful Death vs. Survival Action: Understanding the Difference

Families may be eligible to bring two different types of claims after a fatal incident: wrongful death and survival actions. Often, these claims are presented together, but in reality, they cover different types of damages.

• Wrongful death claim: This claim allows survivors to recover for their personal losses from the death, such as financial support and emotional companionship.
• Survival action: This legal action allows the deceased person’s estate to recover damages for what the individual experienced before death, such as medical expenses or lost wages.

Both types of claims can often be brought together but are treated as separate legal actions. A simple distinction is that a survival action belongs to the estate, while a wrongful death claim belongs to the family members.

How Legal Representation Can Shape the Outcome

Hiring a personal injury attorney can make a difference in how a claim is valued, documented, and resolved. While legal help isn’t required, families often benefit from professional guidance during a stressful time.

• Investigating the incident: Attorneys help gather evidence and determine liability.
• Documenting damages: Personal injury lawyers ensure that financial losses and emotional harm are fully accounted for.
• Negotiating with insurers: Experienced legal teams understand how to push for fair settlements.
• Filing and litigating if needed: If a fair offer isn’t made, attorneys can take the case to court.

Legal professionals also manage paperwork, deadlines, and communication with insurers so that families can focus on healing.

We’re Here to Help Your Family Move Forward

If your family is mourning the loss of a loved one due to negligence, Sargent Law Firm Injury Lawyers is here to help you understand your legal rights and options. We offer free consultations and treat every case with the attention and compassion it deserves.

With more than a decade of experience, over $40 million recovered for our clients, and 400+ five-star reviews, our team is committed to making a difference in the lives of the families we serve. We respond immediately after you hire us, offer bilingual services, and work collaboratively to pursue the compensation you need to move forward.

Call us today for your free case consultation and learn how we can help your family following this tragic loss.