Recoverable Damages

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Recoverable Damages

In the event of injury or loss of a loved one based on the conduct of his/her medical provider(s), that person and his/her family have certain rights under California law. The law recognizes that the injury or death of a family member caused by the fault of another may result in financial hardship, which may include medical expenses, a loss of earnings and support and other hardships. In addition to financial losses, the law permits you to make a claim for the intangible aspects of your relationship, including the loss of companionship, attention, comfort, love, affection, guidance and protection. Under our system of justice, a family is entitled to reimbursement for these intangible losses as well as lost earnings or medical expenses. In order to assess the value of a medical malpractice/wrongful death claim, it is necessary to determine the injured or deceased person`s age, sex, health, physical and mental characteristics, occupation, contributions to the family, and the person`s relationship with other family members. Damages may be recoverable for the past and future losses. However, in California, there is a limit of $250,000 for noneconomic (pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damages) losses. Because delay can jeopardize your claim, you should have an attorney who specializes in these cases review your claim as soon as possible.

Other California Medical Malpractice FAQs

Q: What Is The Time Limit For Filing A Claim?
A: A medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years … More
Q: What Are The Typical Attorney Fees For A Medical Malpractice Case?
A: Contingency fee agreements are agreements that an attorney has with his or her client regarding the payment of the attorney fees. It is not based on the usual hourly … More
Q: What Happens If I Am Injured In The Course Of Medical Treatment?
A: If a medical professional makes an error that results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to … More
Q: How Do I Know If My Injury Constitutes Medical Malpractice?
A: Medical professionals are not expected to be infallible and there may be poor results from treatment that do not amount to malpractice. Medical professionals are … More
Q: Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
A: Yes, there is and that time limit is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In … More
Q: Who Can Be Held Accountable For The Medical Malpractice?
A: Generally, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation or institution licensed by the … More
Q: How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
Q: What Damages Can Be Recovered For Medical Malpractice?
A: You can recover your actual economic losses such as the costs of reasonable and necessary medical care, rehabilitation services, custodial care, and loss of earnings. … More
Q: Does California Require That Claims Be Arbitrated Prior To Litigation?
A: California does not require claims of medical malpractice be arbitrated absent the parties` agreement to arbitrate. Many hospitals and doctors have patients sign an … More