Understanding Wrongful Death Damages in California: What You Can Recover and How to Prove Your Loss 

Losing a loved one due to someone else’s negligence or wrongdoing is an unimaginable tragedy. In California, wrongful death lawsuits provide a legal avenue for surviving family members to seek compensation for their losses. While no amount of money can replace a loved one, understanding the damages you may be entitled to—and how to prove them—can help you pursue justice and financial stability during a difficult time. At Schurmer·Reese·Davies, we’re committed to guiding families through this process with compassion and expertise. In this post, we’ll explore the types of damages recoverable in a California wrongful death case and the evidence that can strengthen your claim. 

What Damages Are Recoverable in a Wrongful Death Case? 

California law allows certain family members—typically spouses, domestic partners, children, or, in some cases, parents or siblings—to seek compensation for both economic and non-economic losses. Here’s a breakdown of what you may be entitled to recover: 

1. Economic Damages (Financial Losses):  

 Financial Support: If the deceased was an adult, plaintiffs may recover the value of financial support they would have received over the decedent’s life expectancy. This applies even to adult children or parents who relied on the deceased for help.   

• Loss of Gifts or Benefits: This includes things the plaintiff reasonably expected to receive, like monetary gifts, help with bills, or other contributions.   
• Funeral and Burial Expenses: Reasonable costs associated with laying your loved one to rest are compensable.   
• Household Services: The reasonable value of services the deceased provided, such as childcare, home maintenance, or other domestic contributions. 

2. Non-Economic Damages (Emotional Losses):  

•    Loss of Love, Companionship, and Comfort: Compensation for the emotional void left by the decedent’s absence.   
•    Loss of Care, Assistance, and Protection: The value of the guidance, nurturing, or security the deceased provided.   
•    Loss of Affection, Society, and Moral Support: The intangible but profound impact of losing a close relationship. 

These damages aim to address both the practical and emotional toll of your loss. However, proving their extent—especially the non-economic damages—requires compelling evidence. 

Proving the Closeness of Your Relationship 

In wrongful death cases, non-economic damages often hinge on demonstrating the depth of your relationship with the deceased. The stronger the evidence of your bond, the more effectively you can justify your claim for loss of love, companionship, and support. Here are some types of evidence that can illustrate this closeness: 

• Photographs: Pictures of you and the decedent together at family gatherings, holidays, vacations, or everyday moments can paint a vivid picture of your relationship. A photo of a birthday celebration or a shared hike can speak volumes.   
• Text Messages or Emails: Written exchanges that show affection, regular communication, or reliance can be powerful. For example, a text saying, “Love you, call me when you get home,” or “Thanks for always being there,” highlights the emotional connection.   
• Birthday and Holiday Cards: Handwritten notes or cards from the decedent can demonstrate thoughtfulness and care over time.   
• Descriptions of Shared Experiences: Detailed accounts of family traditions—like annual Thanksgiving dinners, summer vacations, or weekend routines—can show the role the deceased played in your life. Was there a special holiday ritual they led? Did they plan family trips?   
• Advice Given: If the deceased was a source of guidance—whether about life decisions, parenting, or career choices—documenting this can underscore their role as a caregiver or moral support. For instance, “Mom always told me to stay true to myself,” or “Dad helped me figure out my college applications.” 

These pieces of evidence don’t just tell a story—they show the jury or insurance adjuster the irreplaceable void left behind. 

Financial Dependency: Even Adults Can Qualify 

Economic damages aren’t limited to minors or spouses. Adult children, parents, or siblings may also recover for financial dependency if they relied on the deceased for support. Examples include: 

• Help with School Payments: Did the deceased contribute to tuition, books, or living expenses during college or trade school?   
• Housing Assistance: Payments toward rent, mortgage, or property upkeep can demonstrate dependency.   
• Miscellaneous Expenses: Regular support for things like car repairs, groceries, or medical bills can add up and be compensable.   

Even partial dependency might quaify. For instance, if your adult child occasionally sent $200 to help with utilities, or your parent co-signed a loan, this financial tie can be part of your claim. Bank records, receipts, or testimony from others who witnessed this support can bolster your case. 

Building a Strong Case: Practical Tips 

To maximize your recovery, start gathering evidence as soon as possible. Here’s how: 

• Preserve Memories: Collect photos, cards, and messages now—don’t wait until they’re lost or faded.   
• Document Finances: Keep records of any financial help the deceased provided, like bank statements or canceled checks.   
• Write It Down: Jot down specific memories of holidays, advice, or daily interactions while they’re fresh in your mind.   
• Talk to Witnesses: Friends or relatives who saw your relationship firsthand can provide statements or testimony. 

Why It Matters 

In California wrongful death cases, damages aren’t just about numbers—they’re about telling your loved one’s story and the impact of their loss on your life. Whether it’s the financial stability they provided or the emotional anchor they represented, every detail counts. At Schurmer·Reese·Davies, we understand how personal these cases are. Our goal is to help you compile the evidence needed to secure the compensation you deserve while honoring your loved one’s memory. 

If you’ve lost someone due to negligence, don’t navigate this alone. Contact us at 805-981-0764 or ess@schurmerdavies.law for a free consultation. Let us help you seek justice and closure.