How to Use Haffner Law’s Wrongful Death Estimator
To get the most accurate estimate for your potential wrongful death claim in California, gather the relevant financial records and follow these steps:
- Enter Economic Damages:
- Survival Action: Enter medical bills and lost wages incurred between the injury and death.
- Wrongful Death: Enter funeral costs and the total “Lost Future Financial Support” (income the decedent would have provided to the family over the rest of their life).
- Select Your “Multiplier”: Use the slider to estimate the non-economic value of the loss (Loss of Consortium/Companionship).
- Lower Multiplier (1.5x – 2.5x): Moderate impact on daily life (e.g., loss of an independent adult child or sibling).
- Higher Multiplier (3.5x – 5.0x): Severe impact on daily life and support (e.g., loss of a spouse, sole provider, or parent of a minor child).
- Adjust for Fault: If the decedent was partially responsible for the accident, slide the “Degree of Fault” bar. California law reduces the award by the decedent’s percentage of fault.
- Check Insurance Status (Prop 213):Check this box ONLY if the decedent was the DRIVER of an uninsured vehicle.Do not check this box if:
- The decedent was a passenger, pedestrian, or bicyclist.
- The decedent was driving their employer’s vehicle.
- The person who caused the accident was convicted of DUI.
(Legal Note: If the decedent was uninsured, the Estate is barred from recovering “Pain & Suffering,” but the family generally CAN still recover for “Loss of Consortium.”)
- Calculate: Click the button to see your estimated settlement range.
Wrongful Death Settlement Estimator (CA)
Estimate damages for Wrongful Death & Survival Actions under California Law.
Who Can File a Wrongful Death Lawsuit in California?
California strictly limits who can file a wrongful death claim in California. Under CCP § 377.60, the following people have priority:
- Surviving Spouse or Domestic Partner
- Children
- Grandchildren (if the children are deceased)
- Other Heirs (Parents, siblings, etc., if no spouse or children exist, following intestate succession laws)
Statute of Limitations: How Long Do You Have to File?
A common question families ask is: “How long do you have to file a wrongful death lawsuit in California?”
Generally, you have two years from the date of the person’s death to file a claim, per the wrongful death statute (CCP § 335.1). Missing this deadline usually results in a permanent loss of your right to sue, though strict exceptions exist for medical malpractice (1 year) or government claims (6 months).
How Are Wrongful Death Settlements Calculated in California?
While there is no official “calculator” used by the courts, attorneys estimate the value of a wrongful death California case by aggregating specific “buckets” of loss. This calculation is complex because it attempts to place a financial value on a human life.
Wrongful Death Damages California: The Two Buckets
To maximize a settlement, we categorize losses into two types:
- Economic Bucket: We hire forensic economists to calculate the “Present Value” of the decedent’s lost future income and benefits, adjusted for inflation and career growth.
- Non-Economic Bucket: We use testimony from family and friends to paint a picture of the emotional void left by the death. Juries often use a “per diem” (per day) method or a lump sum to value this loss.
Liability Adjustment: California is a comparative negligence state. If the decedent was partially at fault (e.g., 20% to blame for the accident), the final award is reduced by that percentage.
Wrongful Death vs. Survival Action: What is the Difference?
Families often confuse these two distinct legal claims. A Wrongful Death lawsuit in California compensates the family, while a Survival Action compensates the estate for losses the deceased suffered before they passed.
| Feature | Wrongful Death Claim | Survival Action |
|---|---|---|
| Primary Focus | Compensates the Family for their loss. | Compensates the Estate for the decedent’s loss. |
| Medical Bills? | No (unless paid by family). | Yes (bills from injury to death). |
| Lost Wages? | Future financial support. | Wages lost prior to death. |
| Pain & Suffering? | Loss of Consortium (Love/Companionship). | *Check Deadline Below |
| Punitive Damages? | Generally No. | Yes (if malice/fraud/oppression exists). |
URGENT DEADLINE (SB 447):
Historically, a deceased person’s pain “died with them.” However, under SB 447, survival actions filed before January 1, 2026, CAN recover damages for the decedent’s pre-death pain and suffering.
This law sunsets on Jan 1, 2026. If you do not file your lawsuit before this date, your family will lose the right to recover these damages forever.
Tax Implications of Settlements
Understanding the tax outcome is vital for financial planning:
- Generally Tax-Free: Compensatory damages for wrongful death (both economic and non-economic) are generally not taxable by the IRS because they are considered compensation for physical injury or sickness (IRC § 104(a)(2)).
- Taxable Exceptions: Punitive damages and any interest earned on the judgment are typically taxable.
| Damage Type | Taxable by IRS? |
|---|---|
| Economic Damages (Medical bills, lost wages, funeral costs) | NO (Generally Tax-Free) |
| Non-Economic Damages (Loss of consortium, emotional distress) | NO (Generally Tax-Free) |
| Punitive Damages (To punish the defendant) | YES (Taxable Income) |
| Interest (Interest accrued on the settlement) | YES (Taxable Income) |
Contact Haffner Law for a Professional Evaluation
If you have lost a family member, you need a team that understands both the sensitive nature of your loss and the aggressive tactics required to secure your future. We offer free case reviews and work on a contingency fee basis, which means you pay nothing unless we win your case. Call to schedule a consultation at our convenient location.
- Phone: (213) 514-5681
- Founder: Attorney Joshua Haffner
- Learn More: Los Angeles Wrongful Death
Disclaimer:
The results provided by this calculator are for informational and educational purposes only and represent an estimate based on common industry formulas. Haffner Law does not guarantee a specific result or outcome in your case. Every personal injury case is unique, and the potential value is dependent on case-specific facts, evidence, and legal precedents. Prior results do not guarantee or predict a similar outcome in any future matter. Use of this calculator does not constitute or create an attorney-client relationship with Haffner Law or any of its attorneys. For a professional evaluation, consult directly with Haffner Law in Los Angeles, California.
