The Pre-Suit Letter That Can Make or Break a San Bernardino Malpractice Claim Key Takeaways: A CCP 364 notice of intent is the formal pre-suit letter California law requires at least 90 days before filing malpractice suit. Under CCP § 364(b), it must state the legal basis, type of loss,
When Two Years of Wage Replacement Isn’t Enough After a Catastrophic Workplace Injury Key Takeaways: California generally limits temporary disability to 104 compensable weeks within five years under Labor Code § 4656(c)(2), but subdivision (c)(3) extends that entitlement to 240 compensable weeks for catastrophic injuries, including amputations. Proving the amputation
The Pre-Suit Step That Can Decide Whether Your Malpractice Case Survives Key Takeaways: California Code of Civil Procedure § 364 requires health care providers receive at least 90 days’ notice before a professional negligence action can be filed. The notice must state the legal basis and describe injuries with specificity,
Why the Words in Your Notice of Intent Matter More Than the Form Key Takeaways: A CCP 364 notice must be served at least 90 days before filing a California medical malpractice action. While no particular form is required, it must state the legal basis of the claim, the type
When a Workplace Injury Ends Your Working Life for Good Key Takeaways: Under California Labor Code § 4662, permanent total disability can be established through conclusive presumptions in § 4662(a) or "in accordance with the fact" under § 4662(b), which typically requires more than a high impairment number. Labor Code
Why Severe Burn Cases Deserve More Than the Standard Two Years of Wage Replacement Key Takeaways: California workers’ compensation law generally caps temporary disability at 104 compensable weeks within five years, but Labor Code § 4656(c)(3) extends that cap to 240 compensable weeks for catastrophic conditions, including severe burns. To
The Two-Year Limit Most Injured Workers Hit, and the Narrow Exception That Changes Everything Key Takeaways: Most California workers are limited to 104 weeks of temporary disability benefits within five years of the date of injury under Labor Code § 4656(c)(2), but a narrow exception in § 4656(c)(3) extends that
When a Workplace Injury Ends Your Ability to Compete in the Labor Market Key Takeaways: California Labor Code § 4662 defines permanent total disability, conclusively presuming it for catastrophic injuries including loss of both eyes or hands, practically total paralysis, and brain injury causing permanent mental incapacity. A 100% rating
When a Cancer Diagnosis Comes Too Late Key Takeaways: A delayed cancer diagnosis qualifies as medical malpractice in California when a provider falls below the accepted standard of care and causes real harm. The central question is whether a reasonably careful physician would have caught the cancer sooner. Plaintiffs must
Understanding Fatal Surgical Errors and Your Family’s Right to Justice Key Takeaways: In San Bernardino, the right to file a surgical error wrongful death claim belongs to specific people defined by California Code of Civil Procedure § 377.60: surviving spouse, domestic partner, children, issue of deceased children, and the estate’s
