CD LAW
Custodio & Dubey LLP
Los Angeles Wrongful Death
CD LAW
Los Angeles Wrongful Death
The Value Question
THERE IS
NO PRICE TAG
FOR A LIFE.
There is a legal claim
to evaluate.
California wrongful death cases are evaluated through the losses recognized by law, the evidence supporting those losses, responsibility for the death and the resources potentially available for recovery. There is no universal number — only the complete record of a particular case.
No Universal Number
There is no single average settlement amount that can reliably predict the value of an individual wrongful death case in California. When people search for a wrongful death case worth California figure, what they typically find are published verdicts or settlements from entirely different situations.
Cases that appear in published results involve different family relationships, ages, financial circumstances, liability facts, defendants, evidence and insurance. None of those figures reliably predicts what a different family's case may be worth.
Case evaluation requires the complete factual, legal and financial record — not an online settlement calculator or a figure from someone else's case.
What Shapes Value?
Six Factors That May Affect
a Wrongful Death Case's Value
No single category tells the entire story.
01
Financial Support
The financial contributions the decedent would reasonably have provided, supported by evidence of earnings, employment history and household contributions.
02
Household Services
Contributions beyond wages — caregiving, maintenance, transportation, and other regular support that the household depended upon.
03
The Relationship
Qualifying losses of companionship, affection, care, guidance, moral support and society recognized under applicable California law.
04
Liability
The strength of the legal basis for holding another party responsible — what happened, who owed a duty, and what evidence supports causation.
05
Evidence
Documentation, records and witness information that can demonstrate the losses sustained and establish the facts supporting the claim.
06
Available Recovery Sources
The insurance coverage that may apply, other potentially responsible parties, and other legally available sources requiring investigation.
Economic Loss
EMPLOYMENT HISTORY
EARNINGS INFORMATION
TAX INFORMATION
BENEFITS INFORMATION
FINANCIAL CONTRIBUTIONS
FUTURE CONTRIBUTION EVIDENCE
Value Beyond a Paycheck
A person's contributions to a household extend beyond wages. Depending on the circumstances, relevant evidence may involve services or support the person regularly provided — contributions that the family relied upon and that must now be replaced or absorbed.
Examples may include household responsibilities, transportation, caregiving, home maintenance, family support and other regular contributions. The specific relevance depends on the facts of each case and applicable law. No dollar value is guaranteed.
A PAYCHECK
IS ONE LOSS.
A PERSON
WAS MUCH MORE.
Noneconomic Loss
SOME LOSSES
COME WITH
RECEIPTS.
OTHERS
DO NOT.
That does not make them less real.
Value Also Depends on Responsibility
What happened and in what circumstances
Who owed a duty of care under applicable law
Whether conduct was negligent or wrongful
Causation — whether conduct contributed to the death
Disputed facts and conflicting evidence
Comparative responsibility where applicable
The Loss Must Be Supported
No single record determines case value. Evidence is evaluated as a complete record.
EMPLOYMENT RECORDS
INCOME INFORMATION
TAX RECORDS, WHEN RELEVANT
HOUSEHOLD CONTRIBUTIONS
FAMILY RELATIONSHIP EVIDENCE
INCIDENT EVIDENCE
WITNESS INFORMATION
INSURANCE INFORMATION
FUNERAL OR BURIAL EXPENSE DOCUMENTATION, WHEN APPLICABLE
OTHER RELEVANT RECORDS
Case Value
CASE
VALUE
The losses and damages that may be supported under the facts and applicable California law.
Available Insurance
AVAILABLE
INSURANCE
The amount an applicable insurer may be obligated to pay under its policy — which can be significantly less than the losses.
THEY ARE NOT
AUTOMATICALLY
THE SAME NUMBER.
CD LAW Case-Bank Example
$15K
/
$30K
Liability Coverage Noted
Wrongful Death Matter
In one wrongful-death matter documented internally by CD LAW, liability coverage was noted as only $15,000 / $30,000.
That fact illustrates an important distinction: the amount of liability insurance available does not necessarily tell you the full value of the losses caused by a death.
A case involving the loss of a life raises a practical question when reported insurance coverage appears limited: what happens when the available insurance may be far smaller than the losses involved?
The final recovery in this matter has not been confirmed. These coverage figures should not be presented as a settlement or recovery. Past results do not guarantee future outcomes.
$15K / $30K
IS A COVERAGE QUESTION.
NOT A VALUE OF LIFE QUESTION.
Insurance limits and damages answer different questions. A policy ceiling restricts one insurer's obligation — it does not measure the losses a family sustained.
The Insurance Ceiling
Understanding that gap is part of evaluating a wrongful death case. A California wrongful death attorney can help identify what the coverage actually means and whether other potential sources of recovery exist.
Policy Limit
The ceiling on one insurer's obligation under applicable coverage.
Case Value
The damages potentially supported by the facts and applicable law.
Final Recovery
What is ultimately obtained — which requires investigation of all available sources.
Settlement
A negotiated resolution — a separate question from what coverage exists.
Looking Beyond One Policy
When the primary liability insurance appears inadequate relative to the losses, an attorney may investigate whether additional legally available sources of recovery exist. This investigation depends entirely on the specific facts — there is no assumption that additional money is always available.
These are investigative possibilities only. Their existence cannot be assumed in any particular case.
THE LOSS
CAN BE LARGE.
THE POLICY
CAN BE SMALL.
Two Different Questions
Wrongful Death
Under California Code of Civil Procedure Section 377.60 — focuses on qualifying survivors and the losses they sustained because of the decedent's death.
Survival Action
Under California Code of Civil Procedure Section 377.30 — involves claims belonging to the decedent that survive under applicable law. The damages may differ.
What May Be Considered
Depending on the facts and applicable law. No category is guaranteed. Dollar values are not assigned here.
01
Financial Support
The financial support the decedent would reasonably have provided to qualifying family members.
02
Household Services
The value of household contributions, caregiving and other services regularly provided.
03
Funeral and Burial Expenses
Where recoverable under applicable California law and the circumstances of the case.
04
Loss of Companionship
The loss of the relationship, presence and daily connection the survivors shared with the decedent.
05
Loss of Affection
The loss of the warmth, care and affection that characterized the family relationship.
06
Loss of Care and Protection
The loss of safety, guidance and protective presence the decedent provided.
07
Loss of Moral Support
The loss of the decedent's counsel, encouragement and moral influence within the family.
08
Other Qualifying Losses
Additional relationship-based losses recognized under applicable California wrongful death law.
No Single Number
Case evaluation requires the complete factual, legal and financial record — not any one of these factors in isolation.
One Insurance Policy
One Salary Number
One Age
One Medical Bill
One Online Settlement Example
One Verdict From Another Case
One "Average Settlement" Number
Wrongful Death in Los Angeles
Families throughout Los Angeles may have very different circumstances surrounding a wrongful death claim. A wrongful death claim Los Angeles attorney evaluates the specific facts of each family's situation — not a generic formula applied uniformly to every case.
Those circumstances can involve income, household roles, dependents, family structure, applicable insurance, the identity and resources of defendants, the strength of the liability evidence and what records remain available.
Families in Los Angeles, throughout Los Angeles County and across the communities of Southern California served by CD LAW face these questions in situations involving vehicle collisions, pedestrian incidents, motorcycle collisions, trucking and commercial vehicle incidents, premises injuries and other alleged negligent or wrongful conduct.
Value Means Little If a Claim Is Too Late
California generally provides a two-year limitations period for an action involving death caused by another's wrongful act or neglect. However, different circumstances can create different deadlines or procedural requirements.
Examples that may require a different analysis include: claims against government entities, medical malpractice matters, specialized statutory claims and other unusual circumstances. Filing deadlines are fact-specific and time-sensitive.
An attorney can help evaluate applicable deadlines based on the specific facts. Prompt review is advisable when timing is uncertain.
THAT IS HOW
THE VALUE QUESTION
BEGINS.
When the Numbers Do Not Tell the Story
Families dealing with the loss of someone often face legal and financial questions at the same time. A wrongful death attorney Los Angeles consultation may help a family understand what questions exist — without committing to any course of action.
Limited insurance
Disputed liability
Multiple potential defendants
Business or employer involvement
Significant financial dependency
Complicated family structure
Unclear policy limits
Multiple insurance policies
Wrongful death vs. survival questions
Approaching deadlines
Uncertain scope of damages
Questions about available recovery
Understand the Full Value Question
The Case Is More
Than a Number.
If your family lost someone because of another party's alleged wrongful or negligent conduct in Los Angeles or Southern California, CD LAW can review the circumstances, losses, liability and available insurance and help explain the legal and financial questions involved.
Free ConsultationNo Fee Unless We Win
(213) 593-9095