How this California estimate works
Under Code of Civil Procedure §377.60, the surviving spouse, domestic partner, children, and grandchildren of a predeceased child have first priority to file. Without a first-tier survivor, other financially dependent heirs may file instead. Heirs recover loss of financial support and companionship — not their own grief or emotional distress, which California's jury instructions specifically exclude.
Ordinary wrongful death damages are uncapped. If the death resulted from medical malpractice, Cal. Civ. Code §3333.2 (MICRA) caps noneconomic damages at $650,000 in 2026, part of a 2022 reform (AB 35) that replaced the old flat $250,000 limit and set this figure to rise toward $1,000,000 by 2033.