California Wrongful Death Settlement Calculator
CCP §377.60 — adult children included as heirs. Pecuniary + loss of consortium + non-econ. No cap (except MICRA med mal). 2026: SB 447 sunset eliminated survival pain & suffering
Last reviewed: April 2026
⚖ CCP §377.60: Adult children ARE heirs (unlike FL). No damage cap. 2026 CRITICAL: SB 447 sunset expired Jan 1 2026 — survival pain/suffering NO longer recoverable.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
California Wrongful Death — Post-2026 Changes
California wrongful death under CCP §377.60 allows heirs (surviving spouse/DP, children INCLUDING adult children, dependent parents) to sue for economic + non-economic damages. No statutory cap (except MICRA for medical malpractice: $500K as of 2026, phasing to $1M by 2033 under AB 35).
CCP §377.34 Survival Action: estate's separate claim for decedent's pre-death losses. CRITICAL 2026 CHANGE: SB 447 (2021) allowed survival actions to recover non-economic damages (pain/suffering) — this SUNSET on January 1, 2026. Survival actions filed on or after Jan 1 2026 can NO longer recover non-econ damages. Only economic survival damages remain. Wrongful death itself unaffected.
Damages under §377.61: loss of financial support, household services, gifts/benefits decedent would have provided. Non-economic: loss of love, companionship, comfort, moral support (consortium). No pain and suffering of the decedent in wrongful death claim (would have been in survival pre-2026). SOL: 2 years from date of death (CCP §335.1). Notable verdicts 2025: $20M settlement (LA County child welfare failure); median $294K; average $973K.
California Wrongful Death FAQs
Who can file wrongful death in California?
Surviving spouse, domestic partner, children (INCLUDING ADULT children — unlike Florida), grandchildren if parent deceased, putative spouse, dependent stepchildren + parents. Priority per CCP §377.60.
What damages can I recover in California wrongful death?
Economic: loss of financial support, household services, gifts/benefits. Non-economic: loss of love, companionship, comfort, consortium. NO pain & suffering of the decedent in wrongful death itself.
What did SB 447 sunset in 2026?
SB 447 (2021) temporarily allowed survival actions to recover non-economic damages (decedent's pre-death pain/suffering). This sunset on January 1, 2026. Survival actions filed on or after 2026-01-01 can NO longer recover non-econ. Wrongful death unchanged.
How much is a California wrongful death settlement worth?
Median $294K; average $973K (2025). Commercial truck + egregious negligence: regularly $2M+. Notable 2025: $20M LA County settlement. Depends on decedent's earning capacity + heirs' loss.
How long do I have to file?
2 years from date of death (CCP §335.1). Missing this deadline bars the claim entirely. Minors' claims may toll.
Can I get punitive damages in California wrongful death?
Punitive damages (Civ Code §3294) available only through SURVIVAL ACTION (estate's claim), not wrongful death directly. Standard: clear & convincing evidence of malice/oppression/fraud.
Does MICRA cap apply?
ONLY if defendant is healthcare provider. For car accidents, products, premises liability — NO cap. Medical malpractice wrongful death: $500K non-econ cap (2026), phasing to $1M by 2033 (AB 35).
What's the difference between wrongful death and survival action?
Wrongful death (§377.60): heirs sue for their OWN losses (loss of support, consortium). Survival (§377.30): estate sues for DECEDENT'S pre-death losses (medical bills, lost wages). Both filed together typically.
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Each California calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses California verdict data where available.