California Cap on Pain and Suffering Damages in 2015

Since 1975 the California cap on pain and suffering has been $250,000. This has not been adjust for inflation as has been the case in other states. When adjusting for inflation the cap would be around $1.1 million. Here are some comparison studies in terms of the cost of an item in 1975 compared to today, 2014:

  • Bread was 28 cents and is now $2.50
  • Gasoline was $0.57 a gallon and is now $3.61
  • A brand new car or vehicle was around $4950 and is now $30,300
  • A stamp was $0.13 and is now $0.46

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Please understand that inflation is a part of life. The cap of $250,000 that was set in 1975 is a completely different amount than today. If you were buying a house in Los Angeles or Riverside in 1975 it would be a very nice house for $250,000. Today, this type of house would be on the lower end of the desired living conditions. There are a number of states that have adjusted their laws to make certain that victims of medical malpractice will be properly compensated for their pain and suffering.

When looking at statistics of malpractice it is often the case that a very small percentage of physicians cause a large percentage of the injuries. Some recent statistics show that 6% of the physicians cause 56% of the malpractice. Doctors and physicians that are very good at what they do have no concerns about the increase of the cap on pain and suffering because it is highly unlikely they are negligent in their medical duties.

As we continue to move forward toward November 4th, 2014 it will be interesting to see how many medical associations through money to advertise against Prop 46 or the Pack Act. Before making any final decisions as it relates to your vote make sure to look at all the data. There is no reason a doctor should be unwilling to get a drug test or be responsible for their actions. If you have an opinion about the Prop 46 vote or the Pack Act do not hesitate to comment below.

More and more medical malpractice and personal injury lawyers are strategically reaching an audience with personal injury law SEO. It will be interesting to see if this picks up in California in 2018 and beyond.

Categories: Prop 46

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