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If the deceased person has more than one heir, all possible heirs will need to join together in one suit. Because of California's one action rule, the responsible party cannot be sued multiple times by multiple people.
California has no cap on economic or non-economic damages for most wrongful death cases. However, it does limit non-economic damages for medical malpractice claims. You can only receive up to $500,000 for non-economic damages.
The highest wrongful death settlement was $160 million.
Effective January 1, 2023, the damages cap for wrongful death caused by medical malpractice will increase from $250,000 to $500,000, eventually reaching $1 million over the next ten years, ing to a new billsigned into effect by California Governor Newsom in 2022.
California Damage Caps Put simply, there are no limits to the compensatory damages a plaintiff can seek in a California personal injury case. The exception to this rule lies with medical malpractice suits. There is a limit of $250,000 on pain and suffering and other non-economic damages.
The Unlimited Civil case-type category includes all tort cases with potential damages in excess of $25,000 and civil complaints other than torts with claims in excess of $25,000?e.g., contracts, real property, and employment cases?or with a request for some form of equitable relief.
In a wrongful death claim, surviving loved ones generally receive any settlement money won. This could be a spouse, domestic partner, children, grandchildren or others who were dependent on the decedent for support. The courts may divide a settlement award among multiple surviving loved ones, if necessary.
California law doesn't impose a damage cap in most personal injury claims involving pain and suffering and other economic damages.