Code of Civil Procedure § 377.61 – Recoverable Damages in Wrongful Death
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Code of Civil Procedure § 377.61 – Recoverable Damages in Wrongful Death
Code of Civil Procedure – CCP
PART 2. OF CIVIL ACTIONS [307 – 1062.34]
( Part 2 enacted 1872. )
TITLE 3. OF THE PARTIES TO CIVIL ACTIONS [367 – 389.5]
( Title 3 enacted 1872. )
CHAPTER 4. Effect of Death [377.10 – 377.62]
( Chapter 4 added by Stats. 1992, Ch. 178, Sec. 20. )
ARTICLE 6. Wrongful Death [377.60 – 377.62]
( Article 6 added by Stats. 1992, Ch. 178, Sec. 20. )
California Law
377.61.
In an action under this article, damages may be awarded that, under all the circumstances of the case, may be just, but may not include damages recoverable under Section 377.34. The court shall determine the respective rights in an award of the persons entitled to assert the cause of action.
(Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.)
California Law Summary
This statute governs the damages recoverable in a wrongful death action under California law. It provides that damages may be awarded as the court deems just under all the circumstances of the case, but explicitly excludes damages recoverable under Section 377.34, which pertains to survival actions. Additionally, the court is tasked with determining the respective rights in an award among the persons entitled to assert the cause of action.
Key Provisions:
Just Damages: Damages awarded should be just and appropriate based on the circumstances surrounding the case.
Exclusion of Survival Damages: Damages that could be recovered under a survival action (e.g., the decedent’s pre-death pain and suffering) are not recoverable in a wrongful death action.
Allocation Among Heirs: The court must determine how the awarded damages are distributed among the eligible heirs, considering factors such as the nature of the relationship and the extent of the loss suffered by each heir.
Purpose
To provide a legal framework for compensating the heirs of a deceased individual for losses suffered due to the wrongful act or neglect of another, while ensuring that damages are fairly allocated among those entitled.
Application
In wrongful death claims, plaintiffs may seek compensation for both economic and non-economic losses, including:
Economic Damages: Loss of financial support, funeral and burial expenses, and the value of household services the decedent would have provided.
Non-Economic Damages: Loss of companionship, comfort, care, assistance, protection, affection, society, and moral support.
It’s important to note that punitive damages and damages for the decedent’s pre-death pain and suffering are not recoverable under this section.
