Quadriplegia can be incredibly challenging for both the person living with the condition and loved ones who help care for them. When severe injuries like quadriplegia are caused by the negligent or reckless actions of another party in California, it’s crucial that you take legal action to hold them accountable and secure justice. Knowing what to do when medical malpractice leads to quadriplegia in California is vital to ensure you build the strongest claim possible.

Quadriplegia Cases in California

It’s important to understand that when you file a claim for quadriplegia in California, you may have multiple legal pathways to take. It’s crucial that you consult a skilled quadriplegia lawyer who can help you identify which claim is right for you. In most quadriplegia cases, a California resident will follow one of the two types of claims:

  1. 1. Personal Injury Claim
    Quadriplegia is typically the result of a spinal cord injury and causes paralysis of all limbs. Motor vehicle accidents are the most common cause of spinal cord injuries, followed by falls and violence. When the negligence or recklessness of another person causes you injuries that otherwise could have been prevented, you have grounds to file a personal injury claim in California. There is no cap on the amount of damages you can secure in a personal injury claim.
  2. 2. Medical Malpractice Claim
    Any number of incidents in a medical setting can lead to quadriplegia, including:

    • -Foreign objects left behind in the body,
    • -Untreated infections
    • -Misdiagnoses
    • –Surgical errors
    • -Unsanitary conditions

If your quadriplegia is a result of medical malpractice in California, you may have grounds to file a claim and recover damages. This process involves building a strong case and navigating the legal process of medical malpractice, which can be difficult to do on your own without comprehensive legal knowledge. A California medical malpractice attorney from Kenneth M. Sigelman & Associates can help.

Statute of Limitations for Quadriplegia Cases in California

The type of claim you want to file in California for quadriplegia will impact the amount of time you have to do so. For medical malpractice claims related to quadriplegia, you must file a claim in California within three years of the incident or one year from when you discover your injuries, whichever comes first.

For personal injury cases in California, victims of quadriplegia generally have two years from the day that their accident took place. To ensure you meet all legal deadlines and protect the validity of your future claim, it’s crucial that you hire a medical malpractice lawyer or personal injury lawyer who can guide you through your case.

Recent Updates to California Medical Malpractice Law

The national average payout for medical malpractice cases increased by 4.67% in recent years. Since California’s Medical Injury Compensation Reform Act (MICRA) caps the limit on non-economic damages, the state tends to report lower average payouts despite often having higher case volumes.

However, the passing of Assembly Bill 35 in 2023 increased this cap, giving victims more comprehensive options when it comes to recovering damages that cover their losses in their entirety. The cap, which used to be $250,000, has now increased to $350,000 for personal injury claims and $500,000 for wrongful death claims.

Under AB 35, this cap can increase by $50,000 every year the settlement is left unpaid until the amount reaches $1 million. This is to account for inflation and to ensure victims are paid in a timely manner.

FAQs

What Is the Average Settlement for a Medical Malpractice Case in California?

The amount you can recover from a medical malpractice case in California may vary depending on the severity of your injuries and the strength of your evidence. There is a cap on non-economic damages in medical malpractice cases, including quadriplegia cases. If the case involved a wrongful death, the cap starts at $500,000. Otherwise, the cap is at $350,000.

How Do I Prove Fault in a Medical Malpractice Case in California?

To be successful in a California medical malpractice case, you have to prove that the other party’s actions led to your injuries. This typically involves proving some kind of misconduct or negligence through powerful evidence and a cohesive claim. Be sure to document as many details about the incident and keep copies of any medical documents and police reports related to it. Your attorney can strengthen your case by collecting their own evidence, too.

Do I Have to Hire a Medical Malpractice Lawyer to File a Claim in California?

You don’t have to hire a medical malpractice lawyer to seek legal recourse for a quadriplegia case. While you can represent yourself, it is likely going to be challenging to do so on your own. A medical malpractice attorney can help you bolster your claim and secure the maximum amount of compensation for your injuries, so you can focus on your physical recovery and treatment. A skilled attorney can also make sure you’re not taken advantage of.

Is There a Cap on How Much I Can Recover From a Medical Malpractice Case in California?

There is a cap on non-economic damages that a person can recover from a medical malpractice case in California. In 2023, the passing of Assembly Bill 35 updated the Medical Injury Compensation Reform Act (MICRA) to increase the cap to $350,000 for personal injury claims and $500,000 for wrongful death claims. This cap can increase each year it is left unpaid until it reaches $1 million to account for inflation.

Hire a Medical Malpractice Lawyer to Help With Your Quadriplegia Case Today

Learning how to navigate your new life as a quadriplegic is challenging enough without adding a medical malpractice case to the mix. Instead of trying to take care of everything on your own, let a skilled attorney from Kenneth M. Sigelman & Associates help.

Ken Sigelman, J.D., M.D., is a highly skilled medical malpractice attorney and litigator. He’s top-rated by Super Lawyers and boasts a high Avvo rating, too. Between him and the rest of the team, we bring over 70 years of combined experience to the table and are prepared to secure justice on your behalf. If you’re ready to discuss your case in more detail, contact the office to set up a consultation with a member of our team today.