# What losses can a wrongful-death claim cover?

Canonical: https://californiapersonalinjurylaws.com/guides/wrongful-death-damages/

Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied.

## Short answer

Some survivors may claim money for lost support and loss of a loved one’s care and company. These are called wrongful-death damages. The law limits which losses the claim can cover. Proof still matters.

## Hypothetical example

A family loses income and help at home after a parent dies. They lose the parent’s care and company too. They ask which losses the claim may cover and what proof is needed.

## How the rule works

The claim may cover lost support, help at home, and some costs of a funeral or burial. It may also cover lost care, guidance, and companionship. Who may sue is a separate question.

## Different types of survivors’ losses

1. **Financial support**: Support, benefits, and household services may matter.
2. **Companionship**: Care, guidance, and the relationship may matter.
3. **Separate claims**: The deceased person’s own claim needs a separate review.

Examples of categories only. Eligibility, proof, and limits still apply. Grief itself is not a wrongful-death damage item.

## What proof helps with financial loss?

Income records can help explain support. A clear account of work at home can also matter. Keep funeral and burial bills. Do not assume that a salary alone describes all of the loss.

A future-loss claim needs a reasoned basis. It cannot rest only on a guessed total. A lawyer may need other records or expert work to explain the amount and time period.


Before valuing the claim, check [who may bring a wrongful-death claim](https://californiapersonalinjurylaws.com/guides/wrongful-death/).


Sources: [CACI No. 3921 — Wrongful death of an adult (2026 edition)](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf); [Code of Civil Procedure § 377.61 — Wrongful death damages](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=377.61.)

## Why are companionship and grief different?

The claim may cover the care, help, and company the person would have provided. Grief and sorrow are a different legal category. Krouse explains why courts keep these things apart.

The deceased person’s own claim is different from the survivors’ losses. A survival claim has separate rules. A separate emotional-harm claim also needs its own facts and legal basis.


To keep the claims distinct, read [the difference between wrongful death and survival](https://californiapersonalinjurylaws.com/guides/wrongful-death-vs-survival/).


Sources: [Krouse v. Graham (1977) 19 Cal.3d 59](https://law.justia.com/cases/california/supreme-court/3d/19/59.html); [CACI No. 3921 — Wrongful death of an adult (2026 edition)](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf); [Code of Civil Procedure § 377.30 — Survival of a claim](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=377.30.)

## What can change the answer

Grief itself and the person’s pain before death are not wrongful-death damages. A separate claim may raise other rules. Future losses and claims by several survivors need careful review.

## A useful next step

Keep records of support, household work, and costs. Ask who may claim each loss and how the different claims fit together.

## Court decisions behind this answer

### Krouse v. Graham (1977)

19 Cal.3d 59, pp. 67–72. The court distinguished loss of a loved one’s companionship from grief itself in a wrongful-death claim.

Limit: The case also discussed a separate emotional-harm claim. The rules for that claim need their own review.

Source: https://law.justia.com/cases/california/supreme-court/3d/19/59.html

## Sources

- [Code of Civil Procedure § 377.60 — Wrongful death claims](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=377.60.)
- [Code of Civil Procedure § 377.61 — Wrongful death damages](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=377.61.)
- [CACI No. 3921 — Wrongful death of an adult (2026 edition)](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf)
- [Krouse v. Graham (1977) 19 Cal.3d 59](https://law.justia.com/cases/california/supreme-court/3d/19/59.html)
- [Code of Civil Procedure § 377.30 — Survival of a claim](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=377.30.)

General information, not legal advice.
