Economic vs. Non-Economic Damages in California Wrongful Death Cases
Wrongful death cases confront grieving families with both emotional devastation and financial uncertainty. While no amount of money can replace a lost loved one, California law recognizes the need for compensation. In doing so, the law differentiates between two distinct types of recoverable damages: economic and non-economic. Understanding the difference is vital to ensuring justice and securing fair compensation. Learn more below, and contact Kalfayan Merjanian, LLP, for assistance from a team of dedicated and compassionate California wrongful death attorneys.
What Are Economic Damages?
Economic damages are tangible, dollar-based losses directly linked to the decedent’s death. In California wrongful death claims, courts and juries assess:
- Financial support the deceased would have provided during their expected lifetime or, if shorter, during the plaintiff’s remaining life expectancy
- Gifts or benefits the survivors reasonably expected from the decedent
- Household services the deceased would have offered (e.g., childcare, maintenance, errands)
- Funeral and burial expenses that survivors incurred
These damages are typically calculated using evidence like earnings records, support contributions, and cost estimates. If awarded for future loss, the amount is reduced to present cash value.
What Are Non-Economic Damages?
Non-economic damages address intangible, deeply personal losses caused by the death. California law allows compensation for:
- Loss of love, companionship, comfort, care, affection, and moral support
- Loss of protection and guidance, such as for surviving children or dependents
- Loss of sexual relations or consortium, where applicable
However, compensation is not permitted for a survivor’s own grief, sorrow, mental anguish, or emotional distress. These losses, while real, are excluded under California law.
Calculating non-economic damages is inherently subjective. Jurors use their judgment, guided by evidence and common sense, but there’s no formula to calculate them or any limit to what can be awarded (except in medical malpractice cases).
California allows significant non-economic damages in wrongful death cases, and generally does not cap them except in medical malpractice scenarios. Under MICRA (Medical Injury Compensation Reform Act), non-economic damages in wrongful death due to medical malpractice are capped, but those caps are increasing annually through legislative reform. The law imposes a $500,000 cap for malpractice-related wrongful death claims in 2024, rising $50,000 per year through 2034, when it will reach $1 million.
Other wrongful death categories (such as car accidents, premises liability, etc.) do not have non-economic caps in California.
Why the Distinction Between Economic and Non-economic Matters
Having clarity on economic vs. non-economic damages shapes legal strategies in multiple ways:
- Valuation accuracy: Economic damages require documented calculations, while non-economic damages demand storytelling and emotional evidence.
- Jury persuasion: Presenting real-life anecdotes, such as how the decedent supported, comforted, or guided survivors, can make non-economic damages compelling.
- Cap considerations: In medical malpractice cases, understanding looming non-economic caps ensures timely and accurate demand preparation.
- Comprehensive compensation: Combining both damage types is essential to fully address the profound impact of wrongful death on survivors and families.
Consider, for example, a wrongful death caused by negligent medical treatment. Economic damages might include funeral costs, loss of future income, and the value of support and services the decedent would have provided to their children. In contrast, non-economic damages might include the emotional void left by a spouse losing companionship or a child losing parental guidance and love. Since this is medical malpractice, the non-economic portion would be subject to the cap, but the cap is slated to increase over time under the new law.
For further clarification, here is a look at how the jury is typically instructed to decide damages in a wrongful death case:
CACI No. 3921 – Wrongful Death (Death of an Adult)
If you decide that [name of defendant] is responsible for the death of [name of decedent], you also must decide the amount of damages that will reasonably compensate [name of plaintiff] for the death of [name of decedent].
You should not include in your award any damages for the grief, sorrow, or mental anguish of [name of plaintiff], nor for the poverty or wealth of [name of plaintiff].
In determining [name of plaintiff]’s loss, you may consider the following:
- The financial support, if any, that [name of decedent] would have contributed to the family during either the life expectancy that [he/she/nonbinary pronoun] had before [his/her] death or the life expectancy of [name of plaintiff], whichever is shorter;
- The loss of gifts or benefits that [name of plaintiff] could have expected to receive from [name of decedent];
- Funeral and burial expenses;
- The reasonable value of household services that [name of decedent] would have provided; and
- The loss of [name of decedent]’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
This instruction clearly distinguishes economic damages (items 1–4) from non-economic damages (item 5), while also making clear that jurors cannot award damages for grief or sorrow.
Contact Kalfayan Merjanian, LLP
Wrongful death cases are uniquely complex, both legally and emotionally. Distinguishing between economic and non-economic damages is central to families receiving full compensation for tangible losses and heartfelt emotional voids. While economic damages rely on bills and calculations, non-economic damages hinge on human connection and storytelling.
If your family is facing a wrongful death claim in California, you deserve legal counsel that understands both sides of this ledger. At Kalfayan Merjanian, LLP, we work diligently to document economic losses, craft persuasive narratives for non-economic harm, and stay up-to-date with evolving legal caps and developments. We fight for the justice and compensation our clients need to move forward. Contact us today for a no-cost, confidential consultation.
