When a family loses a loved one because of someone else’s negligence, the law allows them to seek compensation through a wrongful death claim. In California, this compensation falls into two main categories: economic damages and noneconomic damages.
Understanding the difference can help families know what to expect during the legal process and how an attorney may build their case.
What are economic damages?
Economic damages are the financial losses tied directly to the death. These damages aim to replace the measurable support the deceased would have provided if they were still alive.
Common types of economic damages in a California wrongful death claim include:
- Loss of financial support: The income, wages and future earnings the deceased would have contributed to their household.
- Loss of household services: The value of tasks the person performed, such as childcare, cooking, maintenance, caregiving for elderly parents and more.
- Funeral and burial expenses: Reasonable costs associated with laying a loved one to rest.
- Benefits and gifts: The expected value of benefits or financial gifts the person would have provided over their lifetime.
Economic damages often require expert analysis. Economists may calculate projected earnings, life expectancy and inflation to determine the long-term financial impact on surviving family members.
What are noneconomic damages?
Noneconomic damages compensate for the emotional and relational losses caused by the death. These are the losses that do not come with a bill or receipt but are just as significant.
In California wrongful death cases, noneconomic damages may include:
- Loss of companionship and love
- Loss of guidance, protection and emotional support
- Loss of intimacy and partnership for spouses
These damages acknowledge how the death has changed the family’s daily life, relationships and emotional well-being. Although they cannot restore what has been lost, they provide recognition of the deep personal impact that comes with losing someone unexpectedly.
Special rules in California
California places no cap on noneconomic damages in most wrongful death cases, except in cases involving medical malpractice, where the Medical Injury Compensation Reform Act (MICRA) applies. Under updated law, noneconomic damages in medical malpractice wrongful death cases are capped but increase gradually over several years.
Why these distinctions matter
Every wrongful death case is unique. Families often underestimate the long-term financial and emotional effects of their loss. An attorney can help document these losses, work with experts and present a full picture of how the death has affected the family.
If you need help understanding your options after losing a loved one, a wrongful death attorney can guide you through the next steps.