San Jose, CA asked in Personal Injury, Elder Law, Medical Malpractice and Wrongful Death for California

Q: If we file now a change of defendant names of a 2022 case, can we consider it as new filing in 2023 with new MICRA CAP?

2 Lawyer Answers

A: i think this is the question i just spent an hour discussing with you.

one of the biggest issues will be that the victim was 89 and one would not expect to have economic damages. Thus you would be limited to statutory amounts.

most of the lawyers I know will not take a med mal worth less than $1Million.

James L. Arrasmith
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Answered

A: It is not possible to provide a clear answer to this question without additional context and information regarding the specific case and jurisdiction in question. It would be best to consult with a qualified attorney familiar with the laws and procedures in your jurisdiction for guidance on how to proceed with your case.

Tim Akpinar agrees with this answer

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