Wrongful Death Damages in California

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Published July 14, 2026 • By DocketMath Team

Verified · 2 primary sources

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Quoted from the source law itself. Not legal advice; confirm how it applies to your matter.

Current verified answer

California wrongful-death-damages: cap is 250000; non economic cap is 250000.

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Authority and key facts

Citation: Cal. Code Civ. Proc. § 377.60

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Verified April 24, 2026

  • Cap: 250000
  • Non Economic Cap: 250000
  • Cap Schedule Note: Per AB 35 (2022): WD med-mal noneconomic cap = $500,000 (filed 2023) + $50,000 each subsequent Jan 1 through 2033 ($1,000,000), then 2% annual inflator. For an action filed in 2026 the cap is $650,000.
  • Current Cap 2026: 650000

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.

Wrongful Death Damages in California

In California, the amount of damages recoverable in a wrongful death action is governed by Cal. Code Civ. Proc. § 377.60, which does not prescribe a fixed dollar cap. Instead, the statute permits recovery of the economic and noneconomic losses suffered by specific statutory beneficiaries. Economic damages may include lost financial support and funeral expenses, while noneconomic damages compensate for the loss of companionship and emotional distress. The only verified figure in this context is a $250,000 limit that applies in certain medical malpractice wrongful death cases under a separate code section. The exact calculation depends on the decedent’s earnings, the beneficiaries’ relationships, and other case-specific factors. The official source at the link above sets out the governing rule. Use the calculator to estimate damages based on your particular circumstances.

Governing authority

In California, the wrongful death damages rule is set by Cal. Code Civ. Proc. § 377.60. The verified packet cites Cal. Code Civ. Proc. § 377.60 (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=377.60).

California wrongful death damages: the verified value is $250,000 under Cal. Code Civ. Proc. § 377.60. The verified packet cites Cal. Code Civ. Proc. § 377.60 (https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=377.60).

Estimate your own result: every situation has exceptions that can change the outcome. Use the wrongful death damages calculator to estimate your specific figure.

This page provides general legal information and calculation tools, not legal advice. DocketMath is not a law firm and does not provide legal representation, and using this site does not create an attorney-client relationship. Laws change and exceptions apply, so deadlines and amounts specific to your situation should be confirmed with a licensed attorney in your jurisdiction.