What is the Cap on Wrongful Death Damages California?

What is the Cap on Wrongful Death Damages California?
https://rtmlawfirm.com/what-is-the-cap-on-wrongful-death-damages-california/

The pain of losing a loved one is profound, especially when the death results from another’s negligence or misconduct. In California, wrongful death claims provide survivors a legal route for seeking compensation.

Recently, there have been significant changes in the law that affect these claims, particularly those involving medical malpractice and California wrongful death limits.

The cap on wrongful death damages California may be influenced by the the type of damages that can be recovered. Wrongful death claims in California can yield two main types of damages: economic and non-economic.

Economic Damages are quantifiable losses experienced by the survivors, such as:

Loss of financial support
Loss of gifts or benefits
Funeral and burial expenses
Household services

Non-Economic Damages compensate for intangible losses, including:

Loss of companionship and emotional support
Pain and suffering

Legislative Changes and Damage Caps to Wrongful Death Settlements

On May 23, 2022, Governor Gavin Newsom signed AB 35, marking a substantial update to the Medical Injury Compensation Reform Act (MICRA).

Sponsored by Assembly Majority Leader Eloise Gómez Reyes and State Senator Tom Umberg, and backed by a coalition that included consumer groups and healthcare providers, this California law aimed to modernize how damages are awarded in medical malpractice cases.

Key Changes Under AB 35

Restructured Attorney Fees: The law modifies how attorney fees are structured, moving away from a system that ties fees to the recovery amount, to one based on the stage of the case when funds are recovered.

Increased Caps on Non-Economic Damages: For medical malpractice cases involving wrongful death, the non-economic damage cap will start at $500,000 and increase by $50,000 annually until it reaches $1 million. For other medical malpractice cases, the cap begins at $350,000 and will increase by $40,000 each year until it caps at $750,000.

These changes, which apply to cases filed from January 1, 2023, forward, reflect an attempt to adjust for inflation and more accurately reflect the losses suffered by families in wrongful death cases. The incremental increases in the limit are designed to provide more fair compensation to victims and their families while maintaining a predictable structure for insurance and healthcare providers.

It’s important to note that such California wrongful death limits only apply to non-economic damages, which are more subjective in nature. Economic damages, such as medical expenses and lost wages, are not subject to this cap and may still be awarded based on the individual circumstances of each case.

As these California wrongful death limits increase over time, they offer a path toward more adequate compensation for the immeasurable emotional and financial toll of losing a loved one due to negligence or malpractice.

For those dealing with a wrongful death claim in California, especially in light of recent legislative changes, expert legal advice is invaluable.

Call RTM Law Firm. Your Trusted Injury Advocates.

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00:00 Introduction
00:23 Types of Damages
00:49 Legislative Changes
01:21 Restructured Attorney Fees
01:36 Increased Caps on Non-Economic Damages
02:50 Importance of Expert Legal Advice

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