Understanding California Jury Instruction CACI 3922 – Parents’ Recovery For Death Of A Minor Child
As a wrongful death attorney in Oakland, I’ve walked beside grieving families who’ve experienced the unimaginable—losing a child due to someone else’s negligence. When a minor dies in a preventable accident, California law provides a way for parents to seek justice and financial compensation. One critical aspect of that process is understanding jury instructions like California Civil Jury Instruction 3922 (CACI 3922), which guides how damages are calculated in a wrongful death case involving a minor.
CACI 3922 outlines what a jury must consider when awarding damages to a parent after the death of a minor child. Unlike other types of personal injury claims, this is not about what the child endured—California law does not allow compensation for the child’s pain and suffering or for a parent’s grief. Instead, it focuses on what the parent has lost in tangible and intangible ways. The law distinguishes between economic and non-economic damages, and each has clear parameters. Our role, as your attorneys, is to present solid, documented evidence and powerful testimony that gives a full picture of your loss within the boundaries of California law.
Economic Damages Defined Under CACI 3922
Juries are instructed to consider specific economic damages in these cases. Those economic damages may include:
- Financial Support – This is the potential income the child might have contributed during the parent’s or child’s expected lifetime, whichever is shorter. While speculative by nature, courts allow testimony from economists and vocational experts to estimate this amount.
- Loss of Gifts and Benefits – If the child would likely have contributed gifts, inheritance, or other support, this can be included.
- Funeral and Burial Expenses – These are typically reimbursed at actual cost.
- Household Services – If the child contributed to household tasks, jurors may assign a monetary value to that labor.
All future economic damages must be reduced to their present cash value, reflecting what a lump sum payout today is worth in future terms.
Non-economic Damages – A More Personal Loss
Parents may also recover non-economic damages under CACI 3922 for the loss of their child’s love, companionship, and other losses. These damages acknowledge the deep and enduring emotional impact of losing a child. However, grief, sorrow, and mental anguish are not compensable under California law. Non-economic damages focus on the relational loss, not the emotional toll. That is why it is essential to hire an attorney who will take the time to understand the relationship between the child and the parent(s) and communicate that to the Defendants, insurers, or jury in a concrete, powerful way.
Limitations And Legal Standards
Under California Code of Civil Procedure § 377.60, only certain people may file a wrongful death claim. These people include the biological and adoptive parents of the deceased minor. The statute also prohibits jurors from awarding damages for the minor’s pain or suffering or the parent’s emotional trauma. These rules can feel restrictive during a time of intense grief, but they’re designed to standardize how losses are measured in court.
We also guide families through understanding life expectancy tables, the role of lifestyle and health in those projections, and how jurors are likely to weigh future loss. These technical points require careful legal strategy, particularly in wrongful death claims involving younger children or children with special needs.
California Wrongful Death Frequently Asked Questions
What Kind Of Damages Can Parents Recover Under CACI 3922?
Parents can recover both economic and non-economic damages. Economic damages include the value of potential financial support, funeral and burial expenses, and household services the child would have provided. Non-economic damages include the loss of love, care, comfort, companionship, and moral support—but not grief or mental anguish.
Can I Recover From My Emotional Pain And Suffering After The Death Of My Child?
No. California law under CACI 3922 does not permit recovery for a parent’s grief or mental anguish. The law focuses on the tangible and relational loss, not the emotional toll.
How Is The Value Of My Child’s Future Financial Support Calculated?
Courts may consider life expectancy, anticipated earning capacity, and the likelihood of future support. Economic experts often provide projections based on these variables. The jury will weigh this evidence and determine an amount, then reduce it to present cash value.
What Does “Present Cash Value” Mean?
Present cash value means the amount of money that, if invested wisely today, would equal the future value of that same money. It is used to prevent overcompensation for future losses.
Do Jurors Calculate Economic And Non-Economic Damages Separately?
Yes. CACI 3922 instructs the jury to calculate and report both economic and non-economic damages as separate line items on the verdict form. This ensures transparency and accuracy in their decision-making process.
Who Is Allowed To Bring A Wrongful Death Claim For A Minor Child?
Under California Code of Civil Procedure § 377.60, a parent—whether biological or adoptive—may file a claim. In some cases, guardians or personal representatives may also have standing, especially when both parents are deceased.
Are There Any Limits Or Caps On Damages In California Wrongful Death Cases?
Generally, there are no statutory caps on damages in wrongful death cases in California, except for medical malpractice claims. However, insurance policy limits and other factors may affect the actual recovery.
What If My Child Contributed To Our Household Financially Or Through Labor?
You can present evidence of the value of those contributions, such as part-time jobs, child care of younger siblings, or household chores. The court allows parents to seek compensation for these losses if they are significant and ongoing.
Can I Sue If My Child Died In A School Or Public Setting?
Yes, but if a public entity is involved (such as a public school or government agency), you must comply with the California Tort Claims Act. This includes strict deadlines and special procedures, so it’s critical to act quickly.
What Are My Next Steps If I Believe I Have A Claim?
You should consult with a wrongful death attorney as soon as possible. Gathering evidence, filing within the statute of limitations, and presenting your claim in accordance with CACI 3922 requires legal precision.
Our Bay Area Wrongful Death Attorneys Provide Legal Support For Grieving Parents
At Bracamontes & Vlasak, we understand that no amount of compensation can ever replace your child. However, financial justice is one of the few ways the law allows for accountability and future support. If you’re facing the overwhelming reality of a wrongful death claim in the Bay Area, we’re here to help you understand your rights and the next steps. Contact our Oakland wrongful death attorneys at Bracamontes & Vlasak to receive a free consultation at 415-835-6777. We represent clients throughout the Bay Area and across California.
