Wrongful Death Claims: How San Diego Heirs Can Secure Non‑Economic Damages
Focus Keyphrase: San Diego wrongful death non-economic damages
When someone you love dies due to another person’s negligence, the emotional devastation is often matched by legal confusion. In San Diego wrongful death cases, surviving family members can seek both economic and non-economic damages. This article focuses on how heirs can recover compensation for intangible losses—like grief, emotional suffering, and loss of companionship.
What Are Non-Economic Damages?
Unlike medical bills or lost income, non-economic damages are harder to quantify. But they reflect very real emotional and psychological losses. In a San Diego wrongful death claim, non-economic damages may include:
- Loss of love, companionship, and comfort
- Loss of moral support and guidance
- Loss of affection and intimacy (particularly in spousal claims)
- Emotional pain and mental anguish
Under California Civil Code Section 377.60, these types of losses are legally recognized and compensable in court.
Who Can File for Non-Economic Damages?
California law specifies who may pursue a wrongful death lawsuit. Eligible claimants include:
- Spouses and domestic partners
- Children and stepchildren
- Parents (if no children or spouse)
- Legal heirs or financial dependents
If multiple family members are eligible, they typically file a single joint claim. This ensures the court can assess the full impact of the loss across the family unit.
How Are Non-Economic Damages Calculated?
Unlike economic damages, there’s no fixed formula. Courts consider a range of factors when determining the value of non-economic damages in a San Diego wrongful death claim:
- The nature of the relationship with the deceased
- The age and health of the deceased
- The emotional and practical role the deceased played
- Witness testimony, including grief counselors or psychologists
In rare cases, punitive damages may also apply if the death resulted from gross negligence or intentional harm. However, these are separate from non-economic damages.
Limitations and Caps in California
Currently, California does not impose a cap on non-economic damages in most wrongful death cases. The exception is in medical malpractice, where MICRA (Medical Injury Compensation Reform Act) sets limits:
- As of 2023: $500,000 cap on non-economic damages
- Increasing by $50,000 annually until it reaches $1 million
Outside of medical malpractice, there is no upper limit—but the burden is on your attorney to demonstrate the true emotional loss suffered.
Proving Non-Economic Loss: What You’ll Need
To strengthen your case, your legal team will help gather:
- Testimony from mental health experts or grief counselors
- Personal letters, journals, or family photos
- Statements from friends, coworkers, and relatives
- Documentation showing loss of support and guidance
At San Diego Injury Attorney, we work with trauma specialists and experts to ensure your emotional suffering is properly valued in court.
Case Example: Loss of Parental Guidance
Our client, a San Diego teen, lost his father in a preventable industrial accident. We helped the family secure a $950,000 settlement—including a substantial award for the boy’s loss of mentorship, guidance, and emotional stability. This was based on testimony from teachers and a therapist outlining the deep impact of the loss.
Time Limits for Filing in San Diego
California law sets a strict 2-year statute of limitations from the date of death. Missing this deadline means you forfeit the right to file a claim—regardless of its merits.
In cases involving government entities, you must file a formal claim within 6 months. Don’t delay—speak with a San Diego wrongful death attorney immediately.
Let Us Help You Pursue Justice
If you’ve lost a loved one due to someone else’s negligence, our experienced attorneys can help you navigate the emotional and legal complexities of your claim. We focus on securing fair compensation for both tangible and emotional losses.