Punitive damages cannot be recovered in a wrongful death lawsuit. A survival action, in contrast, is a lawsuit that the deceased person would have been able to bring had he or she survived the injuries.
Gavin Newsom in May 2022, will increase the cap annually. Under the bill: For a non-death case, the cap increases from $250,000 to $350,000 on January 1, 2023, and increases $40,000 every year through 2033 until it reaches $750,000.
“With today’s signing of AB 35, we have achieved what few thought was possible. This historic moment happened because the two sides of the ballot measure campaign put differences aside, found common ground, and recognized a rare opportunity to protect both our health care delivery system and the rights of injured patients. We are immensely [...]
Governor Gavin Newsom today signed AB 35, legislation to modernize the system for awarding damages in medical malpractice cases in California. The legislation, put forth by Assembly Majority Leader Eloise Gómez Reyes and State Senator Tom Umberg, was supported by consumer groups, trial attorneys, health care insurers, and health care providers – marking the end to [...]
