Is Wrongful Death A Personal Injury?

In California, a personal injury occurs when someone is physically, emotionally, or psychologically harmed by the wrongful actions of another person. The person harmed may seek compensation from the wrongdoer for their losses.

Wrongful death is a specific type of injury claim when the result of the injury is death. Wrongful death can begin as a personal injury, but it’s a different cause of action, and the persons entitled to benefit from the lawsuit may not be the same as those who may benefit from a personal injury claim.

So, is wrongful death a personal injury? Yes, unfortunately, wrongful death is the ultimate personal injury. The Sacramento wrongful death attorneys at Curtis Legal Group explain how a person who is injured and later dies from their injuries may initiate separate personal injury and wrongful death claims.

Responsibility to Use Ordinary Care and the Right to Recover Damages

The California Civil Code imposes a legal responsibility on all persons for injuries they cause to others when they fail to use ordinary care or skill in the management of their person or their property.

Every person who is harmed by the unlawful acts of another may recover financial compensation (damages) from the person at fault.

Liability for Personal Injury Based on the Failure to Perform a Legal Duty

The standards for ordinary care or skill can be established by law or by what reasonable persons would consider appropriate under the circumstances. Examples of established duties of care include the following.

• Drivers have a legal duty to obey traffic laws and avoid driving practices that could cause harm to others.
• Employers have a legal duty to provide a safe work environment for employees.
• Property owners have a legal duty to keep their premises reasonably safe for visitors.
• Healthcare professionals have a legal duty to provide care that meets the standards established by the medical profession.

A person who is harmed by another must prove the wrongdoer had a legal duty to exercise a certain standard of care, failed to meet the required standard, and that failure caused the injuries resulting in the claimed damages.

When a Claim for Wrongful Death Can be Filed

A cause of action for wrongful death arises when the death of a person is caused by the wrongful act or neglect of another person.  The right to be compensated for wrongful death belongs to certain family members or dependents and can be asserted by the decedent’s personal representative or any of the following persons:

• Surviving spouse, domestic partner, children, lineal descendants of deceased children
• Persons entitled to inherit from the decedent by law if there are no lineal descendants
• A minor who was dependent on and lived with the decedent at least 180 days before death

Damages Recoverable Through a Wrongful Death Claim

Damages that may be awarded for wrongful death are the amounts considered to be fair under the circumstances, but may not include amounts for losses already compensated in a survival (personal injury) action. In other words, double dipping is not allowed.

Economic Damages

Compensation is typically awarded for financial losses such as medical and funeral expenses for the deceased, the income the deceased would have contributed, the value of household services the deceased performed, and other expected financial amounts that have been lost.

Non-Economic Damages

Non-economic losses, such as the grief and mental anguish suffered by the surviving family members, are also entitled to be compensated. Dollar amounts are placed on such intangibles as the comfort, companionship, and advice the decedent would have provided the family.

Exemplary (Punitive) Damages

In limited situations, when the decedent was a victim of homicide and the wrongdoer was convicted of a felony, an additional amount of exemplary damages may be awarded to the family as further punishment for the wrong.

Personal Injury Claims Survive the Death of the Injured Person

A person who is critically injured may not die immediately. If, at the time the person dies, a personal injury claim has been initiated or the right to make such a claim exists, the claim survives the decedent and the right to pursue it passes to the decedent’s successor in interest, typically a personal representative.

Damages Available for Personal Injury Survival Actions

Damages are based on the losses suffered by the decedent, and the proceeds benefit the decedent’s estate and heirs. Historically, only financial losses could be compensated, but exemplary damages could be awarded. There were no non-economic damages awarded for the decedent’s pain, suffering, or disfigurement.

In 2021, California passed Senate Bill 447, which granted survival actions filed between January 1, 2022, and January 1, 2026, the ability to recover damages for pain, suffering, and disfigurement. The bill was only intended to address the backlog of injury cases due to COVID-19 closures and restrictions, and it will expire on January 1, 2026, without additional legislative action.

California Senate Bill 29 was introduced in December 2024 and would make the provisions of SB 447 permanent. The bill was heard on April 21, 2025, and sent to the Appropriations Committee’s Suspense File for further review of the potential financial implications. There has been no further action to date.

Non-Economic Damages Limits for Personal Injury and Wrongful Death Medical Malpractice Claims

Medical malpractice describes the negligence of a healthcare provider who harms a patient by delivering a level of care below the acceptable professional standard. A cap of $250,000 for non-economic damages in medical malpractice, personal injury, and wrongful death cases limited the recovery for losses such as pain, suffering, and emotional distress for almost 50 years.

The law changed effective January 1, 2023. The new law provides separate caps for personal injury and wrongful death claims. The cap for personal injury non-economic damages was raised to $350,000. The cap for wrongful death was raised to $500,000. The caps will be adjusted by $40,000 and $50,000, respectively, each year until the personal injury cap reaches $750,000 and the wrongful death cap reaches $1,000,000. Thereafter, each cap will be adjusted 2% annually for inflation.

Consult Curtis Legal Group about a Personal Injury or Wrongful Death

When a loved one is injured and dies because of another’s wrongful actions, getting the legal terminology correct doesn’t matter much to the surviving family. All they know is that they are hurting and now face an uncertain future. They may want justice or just need help picking up the pieces so they can move forward.

At Curtis Legal Group, our Sacramento wrongful death lawyers offer clients the compassion they need during a difficult time and provide the legal strength necessary to obtain all appropriate remedies. If you may be able to assert a wrongful death claim, don’t wait. The right to bring a claim is time-limited. Schedule a free consultation with Curtis Legal Group.