California Tort Climate Often Stacked Against Injury Victims

A successful lawyer in the office of justice figure in the foreground. As odd as it sounds, one of the most progressive/liberal states in the union goes really hard on personal injury victims. Strange as it sounds, with a personal injury Plaintiff’s Bar that is beholden to the California Democratic party, the people we represent as plaintiffs, often have less rights in their damages recovery claims for example, than other more so called “conservative” states.   Interference With Plaintiff’s Rights Is An Ongoing Battle – The Motive Traditionally, Republican politicians, despite their universal view that we need less government, like to make hay against injury victims every election season. Their answer is...

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Government Overreach, Hurting Doctors & Proposition 46

California faced an important ballot initiative this year. As many victims of med mal know, there is an artificial cap on the amount that victims of medical malpractice can recover in lawsuits. Unfortunately for the same insurance companies that drafted the ACA for the Obama admin, if this Proposition 46 had passed, it would have stopped the process where the suffering of victims are being artificially capped by arbitrary standards, rather than the actual effects of what had happened to them, as it was under common law. Having a pain and suffering standard of $250,000 in claims is based on a 1970s era formula that has not been raised in nearly forty years has virtually gutted the med mal law field. Beyond this, this amount has not kept...

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