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.
§ 377.61.Damages
Title 3. Of the Parties to Civil Actions · Chapter 4. Effect of Death · Article 6. Wrongful Death · Enacted 1992 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 377.61 allows a wrongful death action to recover damages that are just under the circumstances of the case, but excludes damages recoverable under § 377.34, and requires the court to determine the respective rights of the persons entitled to assert the claim.
Full Text of § 377.61
Plain-English Summary
Section 377.61 sets the damages standard for a wrongful death action under § 377.60. It gives courts broad latitude -- damages may be awarded that, under all the circumstances of the case, are just -- rather than fixing a rigid formula.
That latitude has one clear limit: the wrongful death action cannot recover damages that are recoverable under § 377.34, the survival-action damages rule. This keeps the two claims from overlapping -- the wrongful death action compensates survivors for their own losses, while § 377.34 damages belong to the decedent's own survival action. The court also determines how any wrongful death award is divided among the various people entitled to assert the claim under § 377.60.
Frequently Asked Questions
How are damages calculated in a California wrongful death action?
Section 377.61 allows damages that are just under all the circumstances of the case, without a fixed formula, but excludes damages recoverable under § 377.34.
Why can't a wrongful death action recover the same damages as a survival action?
The two are separate claims for separate losses -- § 377.34 damages belong to the decedent's own survival action, while § 377.61 damages compensate the survivors for their own losses from the death, so § 377.61 excludes the survival-action damages to avoid overlap.
Who decides how a wrongful death award is split among multiple eligible survivors?
The court determines the respective rights of the persons entitled to assert the cause of action under § 377.60.
Amendment History
Added by Stats. 1992, Ch. 178, Sec. 20. Effective January 1, 1993.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: wrongful death damages californiawrongful death award split among heirs californiawrongful death versus survival action damages