LEGAL DAMAGES: Generally speaking, what items cannot be recovered in a California wrongful death lawsuit?

A California lawsuit for wrongful death is intended to compensate the survivor(s) for their own losses (the intangible benefits of human interaction and how that is now lost due to the wrongful death), and not for the losses incurred by the decedent prior to death. To this legal end, a survivor cannot recover legally for the following items:

  • 1.  Any pain, suffering, or anguish experienced by the decedent prior to death from the negligent accident;
  • 2.  Any medical expenses or other expenditures, incurred by the decedent prior to death;