Wrongful Death · Bakersfield, CA
Wrongful Death Settlement in California: What Shapes Value
Every family's claim is different. Here is how the facts, the evidence and the insurance involved can affect a wrongful death case, and how Colvin Accident Lawyers can help you start the conversation.
By Donald Norman Colvin · Published October 25, 2026
If you’re asking about the average settlement for wrongful death in California, the short answer is that no average can tell your family what its claim is worth. Each death depends on its own facts, the law that applies, and the insurance involved. Here is how California law shapes a claim, so you know what the process involves.
Why a single average settlement is hard to rely on
A single average figure cannot predict what your family’s claim is worth. Averages come from other people’s cases, with different facts, different defendants, and different losses.
Online averages often mix very different case types into one number. A car crash, a truck collision involving a commercial company, a premises injury, and a medical-related death can all land in the same figure. These cases rarely share the same proof or the same value drivers.
Two families who lost someone in the same type of crash can still have different claims. The person’s age, earnings, health, and role at home all matter. So do fault and available insurance.
Settlement talks reflect the proof and the parties involved, not a set price for each death. Anchoring to a number can make a family feel a claim is smaller or larger than the facts support. Starting with the facts gives a clearer picture. Use any average as background, not as a measure of your case.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Who can bring a wrongful death claim in California?
Certain surviving family members can bring the claim.
If there is no surviving issue, the persons who would inherit the decedent’s property through intestate succession may.
Some people who depended on the decedent may also bring it. These include a putative spouse, stepchildren, and parents, or guardians if the parents have died. A minor who lived in the household for the previous 180 days and relied on the decedent for half or more of support can also qualify. Who qualifies depends on family relationships and the facts of the household, so the answer can differ from one family to another.
A personal representative of the estate can also file on their behalf.
For a broader view, see our wrongful death claim overview.
What can a wrongful death claim recover?
A survival claim covers losses the person suffered before dying.
Under Code Civ. Proc. § 377.61, damages may be awarded that are just under all the circumstances of the case. Those damages may not include damages recoverable under section 377.34. The court decides how an award is divided among the people entitled to it.
A survival claim works differently. Under Code Civ. Proc. § 377.34, recoverable damages are limited to the loss the decedent sustained before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived. Under the general rule, they do not include pain, suffering, or disfigurement.
Under Code of Civil Procedure section 377.34(b), damages for pain, suffering, or disfigurement in a survival action are available only for actions granted preference before 2022 or filed from January 1, 2022 through December 31, 2025. The filing date can matter a great deal. Which claim fits a family depends on how the death happened and who brings the case. Receipts for funeral and related costs are worth keeping.
What are economic and non-economic losses, and how are they measured?
Economic losses are money-based losses, and non-economic losses are harder to price. Both can matter in a wrongful death claim.
Economic losses include lost financial support, household services, and benefits the person would have provided. They usually depend on the person’s age, earnings, health, and work history. Pay records and proof of the person’s role at home help show that loss.
Non-economic losses cover loss of love, companionship, guidance, and moral support. They have no fixed formula. They depend on the family’s relationship with the person and the facts a family can show.
Two families can describe the same loss in very different ways, and the details matter. Keep records of what the person earned and contributed, even if they seem small. Gathering this information early makes later talks with the insurer easier to follow.
What factors shape the value of a wrongful death settlement?
Clarity of fault, the type of defendant, available insurance, and the family’s losses shape value the most.
Fault is weighed in every claim, so evidence of how the crash happened matters. Under the comparative fault rule set out in Li v. Yellow Cab Co., a family’s recovery can be reduced by the share of fault assigned to the person who died. A fatal truck crash may involve more than one company.
The type of defendant matters too. A claim against a business or commercial carrier can move differently, as the court explained in Montgomery v. Caribe Transport II, than a claim against an individual driver. Available insurance also shapes what a settlement can look like. Coverage often becomes clear during the investigation.
If the death involved a pedestrian, our pedestrian wrongful death page covers those facts. These factors combine differently in every case, so no two claims are valued the same way.
How long do you have to file a wrongful death claim in California?
The general deadline is two years from the death (Code Civ. Proc. § 335.1). Claims against a government body can have a much shorter clock.
Under Code Civ. Proc. § 335.1, an action for death caused by another’s wrongful act or neglect must be brought within two years. The exact date for your family depends on the facts of the case.
If a public entity is involved, such as a city, county, or public transit agency, the rule is different. Gov. Code § 911.2 requires a claim relating to a death to be presented not later than six months after the cause of action accrues. Waiting can close options.
Most cases move through stages: investigation, an insurance claim, negotiation, and possibly a lawsuit. How long each stage takes depends on the facts and the parties involved. Early action helps preserve evidence. Missing a deadline can end a claim, so check dates early. The California Courts Self Help Guide explains the basic steps in personal injury cases.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Talk with Colvin Accident Lawyers about your family’s situation
If you’re researching this for a family member, you may be grieving and trying to make sense of a loss you didn’t choose. Questions about money can feel uncomfortable right now, and that’s normal.
Maybe a car, truck, pedestrian, or bus crash took someone you love, and your family is weighing whether to pursue a claim. You don’t need every answer before you reach out. A first conversation can help you see what the process involves.
Is there an average settlement for wrongful death in California?
No single average can predict your family’s claim. Each death depends on its own facts, the law, and the insurance involved.
How long do you have to file a wrongful death claim?
The general deadline is two years from the death under California law (Code Civ. Proc. § 335.1). Claims against a city, county, or public transit agency can require a claim within six months.
Who can file a wrongful death claim?
Certain surviving heirs can file, such as a surviving spouse, domestic partner, or children. A personal representative may also file on their behalf.
Colvin Accident Lawyers offers a free, confidential first consultation, with no obligation to continue. When your family is ready to talk, you can reach out through our contact page.
Responsible lawyer: Donald Norman Colvin. Colvin Accident Lawyers, Bakersfield, California — responsible for this site.
What a case review looks at
The facts of the death
How the death happened, who was involved and what evidence exists, such as police reports, photographs and witness statements.
The family's losses
The financial and personal impact on the people who depended on the person who died, including the household and family relationships affected.
Insurance and available coverage
The policies and coverage that may apply, which can differ from one case to the next.
Who may bring the claim
The family members and parties who may have a legal interest in a wrongful death case, which we can review with you during your consultation.
Be cautious of any number given too early
No single average or quoted figure can predict what a wrongful death claim is worth. Each case depends on its own facts, the law that applies and the insurance involved. Any amount quoted before the facts are reviewed is not a reliable measure of your family's case.
Questions to bring to your consultation
What happened?
Write down the date, place and circumstances of the incident, and any reports or records you already have.
Who was involved?
Note the other parties, drivers, property owners or businesses connected to the incident, and any insurance information you have seen.
What has your family lost?
Consider the income, household support, medical bills and funeral costs your family has faced since the death.
What has already been said?
Bring any letters or calls from insurance companies, so we can review them with you before you respond.