After a serious incident where your loved one was killed by medical malpractice, you may have many questions regarding the average value of a medical malpractice death lawsuit. We are here to answer your questions, and will review the process with you as to the determining of medical malpractice valuations.
California Requires a $350,000 Cap on Recovery for Most Death Medical Malpractices Cases
In California, the Medical Injury Compensation Reform Act of 1975 or MICRA, stated that medical malpractice cases were capped at a certain limit for damages. But recently, Governor Gavin Newsom signed Assembly Bill 35 to make it a law, that damages for medical malpractice cases will increase. This makes the ability to recover damages more in line with today’s cost of living increases, especially when there is an accident and the victims to that accident need to recover compensation related to their losses. The cap for personal injury damages under the law in California, notes medical malpractice claims can settle for $350,000 tops in 2023. But there will be yearly increases in this cap of $40,000 until the year 2034, where the new cap will be at a high of $750,000. The “cap” will additionally be adjusted by a two percentage adding of funds each year, to keep up with the costs associated with inflation.
Our Recent Verdicts and Settlements
$295,000
$250,000
$1.5 Million
$1.1 Million
$734,851
$460,000
MICRA Caps Non-Economic Damages in California
The MICRA law also can put a cap on non-economic damages, when they are declared in a lawsuit. The non-economic damages can include expenses and losses related to the claim, and add recovery for:
- Pain and suffering
- Loss of consortium
- Disfigurement from an accident
- Impairment of the person’s physical body
- Mental anguish
- Loss of enjoyment in life
- Loss of society
- Guidance in wrongful death
- Support after a wrongful death
- Instruction and companionship after a wrongful death
We understand that you may have many questions regarding damages, expenses and losses related to your wrongful death and medical malpractice claim. Good news, we are here to help you answer every question that you might have at this time.
If There Are Caps on Recovery Money, Can These Caps Ever Have Exemptions to Allow a Higher Settlement Award to the Victims of an Accident
The caps on the California laws offer limits for recovery from healthcare providers, and unaffiliated healthcare providers and institutions. Where the law can become confusing, is that if you have a lawsuit that is with a healthcare provider, healthcare institution or unaffiliated healthcare provider or institution, you may be able to receive a higher level of money coming back to you in settlement, depending on the circumstances of your claim.
Medical Malpractices Cases Are on the Rise in Emergency Room and Urgent Care Clinics
A hospital emergency room and urgent care clinic facility are prone to medical malpractice claims and wrongful death claims from a medical malpractice lawsuit, because of mistakes and blunders that are made by healthcare personnel in these facilities daily. If you are in a serious accident and taken to a hospital emergency room/department or urgent care clinic, you have a high likelihood that a fatal mistake will be delivered on you, which can kill you during your stay at the facility. When a patient has been given subpar to negligent care in a hospital emergency room or at an urgent care clinic, there is a high likelihood that the person will die in that environment. After an accident, a victim of the accident may have severe injuries and need highly specialized care, in order to recover from that loss. If the doctors, nurses, and clinical staff in these environments are not properly trained and make negligent mistakes, then people will die as a result of their poorly delivered efforts to save the person’s life after a serious accident.
How Are Medical Malpractice Death Lawsuit Settlements Determined?
The insurance company representing the at-fault parties to the medical malpractice, will determine the value of a medical malpractice death claim. That is not to say that we will not have a settlement value in mind for your case, because we will have a straight-forward case that will highlight the values and recovery compensation necessary to settle your medical malpractice wrongful death claim. But the insurance companies for the at-fault negligent parties will be trying to get the case settled for as little as possible in that event. It is nothing personal to you, it is just their job to settle out the cases as soon as practicable, to get on to the next case, and so on. Our legal team knows how to negotiate and settle full recovery compensation packages with the insurance companies representing the at-fault parties to a wrongful death related medical malpractice case. It is super easy to start the process with us, and all that you must do is to call us now at the Normandie Law Firm at 800.790.5422.
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We can offer to you a zero-fee guarantee, when you give us a call today to review your claim.
Free Second Opinion Case Review / Experienced Lawyers in Average Value of a Medical Malpractice Death
We are here to offer to you a free second opinion attorneys who specialize in medical malpractice lawsuits. You can talk to our legal team, to get with a lawyer with a specialty in medical malpractice claims. Call today to speak to an experienced attorney in Los Angeles at the Normandie Law Firm at 800.790.5422 right now.
Can I Sue for an Average Value of a Medical Malpractice Death?
Yes, we can sue for a medical malpractice death claim. All that you need to do to start the process, is to give our Los Angeles case lawyers a call at the Normandie Law Firm at 800.790.5422. We can file a lawsuit on your behalf, and our case attorneys in Los Angeles can sue the at-fault parties for your losses and wrongful death claim of your loved one.
Average Case Value for a Medical Malpractice Death
The average case value of a medical malpractice wrongful death claim will depend on the extent of the personal injuries, and the details of the claim. But the caps mandated by the State of California will be in place, and we can review those details with you, when you give us a call today.
How Long Does It Take to Settle and to Get Paid on These Cases?
It can take 4-7 months to settle out your claim for medical malpractice wrongful death.
Statute Of Limitations – How Long Do I Have to File a Lawsuit?
The statute of limitations in California for personal injury lawsuit filing is two years. The statute of limitations in California for harassment and discrimination lawsuit filing is one year, with a two year timeframe to file for wrongful termination.
Call for a Free Consultation
You can call us today for a free consultation, at Normandie Law Firm at 800.790.5422. It is easy to make the first call with us to start the process. Just give us a call, and we will go over your claim with you right away.
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