California’s Medical Injury Compensation Reform Act (known as MICRA), enacted in 1975, caps pain and suffering awards in medical malpractice cases to $250,000. The cap has never been raised or adjusted for inflation. To serve as an effective deterrent to medical malpractice by incompetent doctors, it is time for the cap be increased.
If you’ve filed an injury claim because of a car accident, you should expect that the insurance company for the person who caused your injury will ask to see your medical records. By law, they have a right to ask for your medical records since they provide the only way to evaluate your injury claim. Generally speaking, someone with a small injury and a small amount of treatment should receive a settlement that is smaller than someone with a very large injury and a lot of treatment.
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