California’s 2024 Wrongful Death Law: What Grieving Families Should Know

By Eugene Bruno on July 27, 2025

Losing a loved one is one of life’s most painful experiences. But when that loss occurs because of someone else’s negligence—whether in a car crash, due to medical malpractice, or some other preventable incident—the grief is often accompanied by confusion, anger, and a sense of injustice.

In 2024, California implemented a major shift in how families can pursue wrongful death claims. Thanks to Assembly Bill 35 (AB 35), grieving families now have access to expanded financial recovery for non-economic damages such as pain and suffering and loss of companionship.

What Is AB 35 and Why Does It Matter?

Signed into law in 2022 and effective beginning January 1, 2023, with phased changes into 2024, AB 35 revised California’s 1975 Medical Injury Compensation Reform Act (MICRA), which placed restrictive limits on non-economic damages in wrongful death and medical malpractice cases for decades.

Prior to this change, families could only recover $250,000 in non-economic damages, no matter how egregious the loss or how many claimants were involved.

Under AB 35, these limits have now been updated to reflect modern realities, allowing for more meaningful compensation. For wrongful death cases, this includes new provisions allowing pain and suffering recovery, broader applicability, and higher damages caps.

Key Changes in California Wrongful Death Law Under AB 35

Here’s how AB 35 wrongful death in California is different as of 2024:

Expanded Recovery for Non-Economic Damages

Surviving family members may now recover damages for:

• Pain and suffering experienced by the deceased (in cases filed by the estate)
• Loss of companionship and consortium
• Emotional distress

This is a major change in California law, where pain and suffering damages had previously been excluded in many wrongful death actions.

Increased Damages Caps

As of 2024, the new damages cap for non-economic losses in wrongful death cases involving medical malpractice is:

• $500,000 for cases involving a deceased patient
• The cap will increase by $50,000 every year until 2033, ultimately reaching $1 million
• Separate caps now apply per defendant (healthcare providers, institutions)

This gives families a much better chance of receiving fair compensation, especially in cases where multiple parties were involved.

Multiple Claimants Allowed

Under the new rules, damages are not split among claimants. Each qualifying family member can pursue their own share of non-economic damages. This is especially important in large families or blended households.

Application Beyond Medical Malpractice

While AB 35 initially centered around medical negligence, it sets the tone for broader recognition of non-economic damages in other wrongful death claims, including auto accidents, premises liability, and defective product cases.

Who Can File a Wrongful Death Claim in San Diego?

California law allows the following individuals to bring a wrongful death claim in San Diego and other regions:

• Surviving spouses or domestic partners
• Children of the deceased
• Parents, stepchildren, or other dependents (in certain cases)
• Personal representatives of the estate (in survival actions)

Your attorney can help determine who qualifies and how best to structure the claim.

Common Causes of Wrongful Death Claims in California

While wrongful death can stem from many situations, the most common include:

• Fatal car accidents
• Pedestrian or bicycle accidents
• Medical malpractice
• Nursing home abuse or neglect
• Construction site incidents
• Defective products or pharmaceuticals
• Criminal violence or negligent security

What Can You Recover in a California Wrongful Death Claim?

AB 35 now allows for more complete financial and emotional recovery. Surviving families can seek the following types of damages.

Economic Damages

• Funeral and burial expenses
• Loss of financial support
• Loss of benefits (like health insurance or pensions)
• Loss of services (childcare, household labor, etc.)

Non-Economic Damages

• Pain and suffering recovery (if brought by the estate)
• Loss of companionship, love, guidance, and support
• Mental anguish and emotional trauma

These non-economic damages are critical, particularly when the deceased was not the family’s primary breadwinner (such as a stay-at-home parent or young child).

How Attorneys Maximize Wrongful Death Claims

At Eugene Bruno & Associates, we believe that grieving families deserve more than cookie-cutter settlements. Our approach is personalized, thorough, and focused on maximizing every dollar allowed under the law. Below are some ways our San Diego wrongful death attorneys can help.

Build a Comprehensive Case

We work with accident reconstructionists, medical experts, economists, and grief counselors to paint a full picture of what your family has lost emotionally and financially.

Understand the New Damages Cap

The new damages cap under AB 35 is nuanced and continues to evolve. We ensure your claim accounts for all recoverable categories and isn’t wrongfully limited by outdated interpretations.

Negotiate Aggressively

Insurers often attempt to undervalue wrongful death claims, especially when they involve non-economic damages. Our firm’s strong litigation reputation means we’re taken seriously at the negotiating table.

Avoid Costly Mistakes

Wrongful death law in California is complex. Missed deadlines, improperly filed paperwork, or insufficient documentation can delay or even derail your case. We make sure everything is done correctly—on time, every time.

Reasons to Act Quickly?

California imposes a strict statute of limitations for wrongful death claims, which is typically two years from the date of death. Some medical malpractice claims may be subject to even shorter notice requirements under the California Tort Claims Act (for government-related defendants). Thus, waiting too long can mean permanently losing the right to file a claim.

Do You Have a Valid Wrongful Death Claim?

If your loved one died due to someone else’s negligence, you may have the right to sue for pain and suffering, emotional loss, and financial damages. If you’re unsure about your legal standing or cause of death, a consultation with our firm can clarify your rights.

You want to consider contacting a lawyer if:

• The death was sudden or involved an accident
• Medical error or inaction may have played a role
• There’s any question of fault or liability
• You are a dependent or close family member of the deceased
• You want to understand your legal and financial options

Speak With a Trusted San Diego Wrongful Death Lawyer

Navigating a wrongful death claim in San Diego is never easy, but you don’t have to do it alone. With over 85 years of combined experience and a 99.7% success rate, Eugene Bruno & Associates is here to provide compassionate guidance every step of the way.

Call us today at 1-888-BRUNO-88 (1-888-278-6688) to schedule your free consultation. Let us take the legal burden off your shoulders so you can focus on healing.