California Wrongful Death Settlement Calculator
California's pure comparative fault system means you can recover damages from a wrongful death even if you were mostly at fault. If you are found 70% responsible for a collision and your damages total $100,000, you would still receive $30,000. This makes virtually every wrongful death claim worth evaluating, regardless of the fault split.
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How California Law Affects Your Wrongful Death Case
California gives you 2 years from the date of the incident to file a lawsuit, which is in line with the national average of 2.3 years. This is a standard timeframe, but acting sooner preserves evidence and strengthens your position. In wrongful death cases, the limitations period typically runs from the date of death rather than the date of the underlying incident, a distinction that matters when the decedent died from complications weeks or months after the injury.
Wrongful death claims in California can only be brought by statutorily designated beneficiaries — usually the spouse, children, and dependent family members. California's statute specifies who may sue, which categories of damages are recoverable, and how any recovery is distributed among eligible beneficiaries. Before evaluating damages, every California wrongful death case must confirm the plaintiff has legal standing under the statute.
Wrongful death damages in California typically include economic losses (lost wages and benefits the decedent would have earned, lost services, medical expenses from the final illness or injury, funeral and burial costs) and non-economic losses (loss of companionship, guidance, consortium, and emotional support). Some California cases also support punitive damages when the defendant's conduct was particularly egregious. Carefully documenting each category is essential to maximize recovery.
Key California Laws
How Does California Compare?
California Wrongful Death FAQs
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Legal Disclaimer
This calculator uses California's statutes as of 2026-03-06. Laws change frequently. This tool provides estimates for informational purposes only and does not constitute legal advice. Verify current rules with a California-licensed attorney before making decisions about your case. Learn about our methodology.
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