Legal Question in Personal Injury in California

I am filing a wrongful death case that arose from medical malpractice. The case is more than $25,000 so its unlimited jurisdiction. Went to LA filing court locator. I place zip 91405. It shows Unlimited Civil (exclude Personal Injury) filing court Van Nuys and Unlimited Civil (Personal Injury) Stanley Mosk. I am assuming Personal Injury covers wrongful death. Is it correct to choose Unlimited Civil (Personal Injury) Stanley Mosk as filing court.

Asked on 1/24/19, 6:59 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Anyone thinking they can properly handle a wrongful death, let alone a med mal, case themselves is likely making a mistake fatal to the case. Also, thinking that just getting a Complaint filed will lead to a settlement is greatly mistaken. Med Mal cases are always vigorously defended by experienced, successful attorneys hired by defense insurance companies, willing to exploit any mistakes or failures you make . The court system is not going to assist a ProPer in any way during such litigation; this is not Small Claims Court. You would be held to the same standard of competent practice and knowledge of the laws, court rules, Law & Motion rules, Discovery practice, and Evidence rules, as the experienced attorneys.

If the case actually has Merit and Value, any number of attorneys would likely be willing to take it on contingency. So,- if you haven't been able to find one who will, and most will tell your why, you should re-evaluate the wisdom of spending the money to file and get it served.

It is an Unlimited PI filing, but confirm there is not a special category in your court for med mal. An incorrect filing will get it 'kicked' with delay and extra filing costs to the correct court.

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Answered on 1/26/19, 2:35 pm

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