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In California, the following parties are generally eligible to file a wrongful death lawsuit:

  1. The deceased person’s surviving spouse or domestic partner
  2. The deceased person’s surviving children
  3. If there is no surviving spouse or children, then the deceased person’s parents or siblings may be eligible to file the lawsuit
  4. If the deceased person was a minor, then their parents or legal guardian may be eligible to file the lawsuit

In addition, the personal representative of the deceased person’s estate may also be eligible to file a wrongful death lawsuit.

The damages that may be recoverable in a California wrongful death lawsuit can vary depending on the circumstances of the case. Some potential damages that may be available include:

  1. Economic damages, such as medical expenses, funeral expenses, and loss of financial support
  2. Non-economic damages, such as pain and suffering, loss of companionship, and emotional distress
  3. Punitive damages, which are intended to punish the at-fault party for their conduct and deter future similar conduct

It’s important to note that California law places limits on the amount of damages that can be recovered in a wrongful death lawsuit. For example, non-economic damages are subject to a cap of $250,000 in medical malpractice cases, and $350,000 in cases involving a government entity. An experienced personal injury attorney can help evaluate the potential damages in your case and advise you on the best course of action.