Articles Posted in California

Sex abuse lawsuits in California have made headlines for decades, with victims coming forward to seek justice against institutions and individuals who have harmed them. From the Catholic Church to public schools, universities, and the entertainment industry, sex abuse allegations have rocked California, prompting changes in California laws and regulations to prevent and address such abuse.

This article explores sex abuse lawsuits in California, examines how these claims work, and, importantly for victims, how settlement amounts are calculated. We also discuss the laws and regulations surrounding sex abuse in California and the steps being taken to address this pervasive issue.


UPDATES:

Jury Verdict Research did a study on personal injury verdicts in California. The study shows the compensatory median award for personal injury trials in California is $150,000. This is a lot higher than the national average of less than $40,000. But plaintiffs receive money damages in only 45 percent of cases that go to trial, which is 5% less than the national average.

Average Verdict in California

But what is the average verdict in a tort case?  The average verdict is approximately $1.6 million.   There is a big difference between median and average — 10 times more. When you are using this to get some lens into your own case, it is tricky.  This is all how you turn the kaleidoscope.

This page looks at the settlement and trial value of personal injury cases in California.  This page was last updated on January 18, 2023.

What Is a California Personal Injury Case Worth?

One study found that the average money damage award for personal injury trials in California is $1,814,094. The median verdict, perhaps a better statistic, is $114,305.

CA-Verdicts-Graphs

What is the median verdict in a California wrongful death case?

Earlier this year in Winter v. Gardens Regional Hospital, the 9th Circuit Court of Appeals revived a False Claims Act case filed by the Director of Care Management in a California hospital that claimed nearly $1.3 in Medicare claims that sought reimbursement for inpatient hospitalizations that were not medically necessary.

The U.S. District Court of Utah dismissed the case, without leave to amend, for failing to state a claim under the FCA. Specifically, the court believed that the qui tam plaintiff’s complaint failed to state a cause of action under the FCA because the allegations as a matter of law were “subjective medical opinions” that demonstrated a mere “difference of opinion” as to the medical necessity of inpatient hospital admissions.

Facts of Winter v. Gardens Regional Hospital

Another day another Medicaid fraud settlement. In this one, Shield Healthcare, a California medical supplier, paid $5 million to settle a whistle-blower lawsuit that alleged that Shield submitting inflated bills to California’s Medicaid program. The suit claimed that the company submitted false claims and evaded the regulation’s upper billing limit. (I’d be curious how they did that. You have to admire the scope of the evil).

In a related story, California is going bankrupt.

A Jury Verdict Research study found that the average personal injury verdict in California is 1,635,327. The median, which takes out huge verdicts like one in the study for over $100 million, is California.

California juries are tougher on liability: plaintiffs receive damages in 45 percent of cases that go to trial.

california injury verdictsCalifornia personal injury plaintiffs are among the best compensated injury victims in the country, but that California juries need convincing that the defendant is liable. California’s median compensatory award in personal injury cases is 149,000, dwarfing the national median of $34,550. But California juries only award damages in 44 percent of personal injury cases that go to verdict. Nationally, plaintiffs prevail in 52% of personal injury cases.

These California personal injury verdict numbers, not median or average settlements in personal injury cases. But settlement values largely reflect the median verdicts.  Why?  Because exceedingly high verdicts really distort the average.

general motors class actionYesterday, a California judge has granted preliminary approval to a class action settlement between General Motors. The settlement would entitle about 20 million plaintiffs throughout the country in the car litigation class action lawsuit to $50 to $800 per repair for performance problems in almost three dozen General Motors car lines.

The lawyers’ fees in this case where the claimants will at most recover $800 is $16.5 million. In mass tort cases, lawyers certainly get large fees as well. But from the standpoint of a personal injury lawyer, it is odd that lawyers would get such large fees in cases where the clients have such a small vested interest.

What About These “Lawyers Make All the Money” Lawsuits?

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