Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
Question: Are medical malpractice plaintiffs eligible to recover prejudgment interest on their jury award when their statutory offer to settle has been rejected?
Plaintiffs ELLEN GREENE and PETER GREENE, minors, will move the Court for an order awarding and adding prejudgment interest to the judgment in favor of plaintiffs ELLEN GREENE and PETER GREENE, minors, and against defendant KENNETH B., M.D., pursuant to Civil Code §3291 and Code of Civil Procedure Section §998, in the amount of $120,384.75, as of November 24, 2003; and $281.93 daily interest from and after February 4, 2005, to the date of entry of judgment, based upon the jury’s verdict in this medical malpractice action of January 12, 2005, as follows:
Past economic loss: $ 53,300
Future economic loss: $145,500
Non-economic loss $830,250
reduced from $3.8 million
to $830,250 per the
declaration of economist
Peter Formuzis, Ph.D.
Total: $1,029,050
Note: If the Jury’s Verdict for non-economic damages is reduced per Civil Code Section 3333.2, from $3.8 million to $250,000, and without any increase for inflation since 1975, the amounts become:
Past Economic Loss: $ 53,300
Future Economic Loss: $145,500
Non-economic Loss $250,000
Total: $448,800
The Prejudgment Interest on $448,000 from November 24, 2003 to February 4, 2005 is $52,409, with daily interest of $122.95 thereafter, until the actual date of entry of judgment. (See Part 2 of 4.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Don’t Let Your Statute Of Limitations Run Out
In California, the law imposes a statute of limitations, which sets a maximum amount of time that legal proceedings can occur after the date the incident. Each year at our Law Office, people call me to ask me for help that have legitimate cases, only to find their statute of limitations has run out. It is one of the most difficult things for me to tell them I can’t help because they waited too long.
Moseley Collins is a personal injury attorney serving those badly hurt throughout California. There is absolutely NO FEE to discuss your case and there is absolutely no fee unless we win and get you the money you are entitled to. We are on your side and know what to do to get you compensation and justice.
Moseley Collins
980 9th St, 16th Floor
Sacramento, CA 95814
Phone: (916) 444-4444
https://www.moseleycollins.com/