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.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.