General damages for wrongful death are non–economic losses awarded to surviving family members for the emotional harm and personal loss caused by the death of a loved one.
These damages can include compensation for grief, loss of companionship, emotional suffering, and the absence of the deceased’s support and presence in everyday life.
Because these are intangible losses, general damages can be challenging to define and prove—making guidance from an experienced Los Angeles wrongful death lawyer especially valuable.
In California, general damages often form a significant portion of wrongful death claims, especially in cases involving close family ties. The emotional impact of losing a spouse, parent, or child is impossible to quantify, but the legal system allows families to seek recognition for that pain in the form of compensation.
Understanding Non-Economic Losses in a Wrongful Death Case
General damages are considered non-economic because they don’t stem from tangible costs like medical bills or funeral expenses. Instead, they reflect the emotional and relational losses a family suffers after a fatal accident. These damages may include:
- Loss of companionship: The absence of shared experiences, support, and daily presence
- Loss of consortium: For spouses and partners, the loss of love, intimacy, and shared life
- Loss of guidance: For children, the long-term absence of parental care and mentorship
- Grief and emotional suffering: The deep psychological impact on close relatives
Because these losses are deeply personal and vary by family, they are assessed based on individual circumstances. Insurance companies often try to downplay these damages, but with the right legal support, families can pursue the full amount they’re owed.
Who Can Recover General Damages in California?
Only certain individuals are eligible to recover general damages under California’s wrongful death laws. Generally, this includes:
- The deceased person’s spouse or registered domestic partner
- Children, including adopted children
- Stepchildren or others who were financially dependent on the deceased
- Parents, if they were financially supported by the decedent or if the decedent was a minor
In some cases, extended family members may qualify, depending on the circumstances. These eligibility rules can be complex, especially when multiple people are involved or when the family structure is non-traditional.
That’s why it’s so important to have the claim evaluated by a qualified legal professional who understands the nuances of California’s wrongful death statutes.
How General Damages Are Calculated
Unlike medical expenses or lost income, general damages are not tied to invoices or financial statements. Instead, they are evaluated based on:
- The strength and nature of the relationship between the survivor and the deceased
- The survivor’s emotional and psychological suffering
- The role the deceased played in the survivor’s life—parent, spouse, provider, companion
- The deceased’s age, health, and life expectancy at the time of death
Courts and insurance companies consider testimony from family members, expert witnesses, and even therapists to assess the level of emotional harm. Because there are no exact formulas, results vary widely, and families without legal representation often receive less than they should.
Why Legal Representation Matters
Calculating and proving general damages is one of the most subjective and contested parts of any wrongful death claim. Insurance adjusters frequently offer low settlements, arguing that emotional losses are too difficult to measure. That’s where the experience of our attorneys becomes essential.
At Omega Law Group Accident & Injury Attorneys, we build strong, well-documented claims for families who have suffered the loss of a loved one. We work closely with surviving relatives to understand their emotional hardship and present their story with care and credibility.
Our team takes a personal approach, offering each client individualized attention and legal strategies that reflect the unique impact of their loss.
Common Challenges Families Face
Wrongful death claims are difficult on many levels—emotionally, legally, and financially. Families often find themselves overwhelmed by grief, unsure of their rights, and facing pressure to accept a settlement before they’ve had time to fully process what’s happened.
Some of the most common challenges include:
- Uncertainty about who can file the claim
- Disagreements among family members about damages or distribution
- Denial or minimization of emotional suffering by insurance companies
- Pressure to settle quickly without a full understanding of the future impact
We understand how difficult this time can be. That’s why our team handles every part of the legal process, allowing you to focus on healing while we focus on securing justice.
Consult a Los Angeles Wrongful Death Lawyer
If you’ve lost someone you love due to someone else’s negligence, you may be entitled to general damages as part of a wrongful death claim. These cases require more than just legal paperwork—they require a thoughtful, experienced team that will take the time to understand your family’s loss and fight for meaningful compensation.
At Omega Law Group, we’re committed to representing families with the respect, care, and determination they deserve. We know this is one of the hardest times in your life. We’re here to help you take the next step forward.