There is no magic formula that guides how much to demand for settlement for personal injuries. The demand will be determined by the value of your past medical care, your future medical care, wage loss (if any), the insured's policy limits, and a variety of other factors. I agree you should consult with an attorney to handle your claim, and do not delay. Complex personal injury matters usually take time to properly handle. Best of luck.
You can sue. The real question here is whether you would be successful in recovering money in your lawsuit. In order to prove a dental malpractice case, you have to show that the dentist/ orthodontist did or did not do something that they otherwise should have / should not have done. That is called a breach of the standard of care. Once you prove that a breach occurred, you must then show that you suffered a harm arising from this breach. The statute of limitations for these types of cases...
Basically, a plea bargain is the equivalent of a contract between the accused and the prosecution. In exchange for a guilty/no contest plea, (this avoiding the need for a costly trial), the prosecution agrees to do something (drop certain charges, reduced sentence, lesser penalty, etc.). A plea bargain is within the discretion of the prosecution to offer, and on occasion may be rejected by the judge.
There is no magic formula for assessing damages in any case. Each case is unique and the proper valuation is based on many factors that are too complex to fully discuss here. Some of them include past/future medical specials, past/future lost wages, and general damages which are very difficult to value. You can demand 5X the specials, but be prepared to back that demand up with some solid evidence. Best of luck.
Most jurisdictions have adopted some form of doctrine that will permit an amended complaint to relate back to the date of the filing of the original complaint, for purposes of
avoiding the bar of the statute of limitations. The relation-back doctrine applies in two contexts.
The typical context is where the parties named in the amended complaint are the same as those named in the original com plaint. A second, more problematic context is where the amended complaint names new defendants...
Generally in California a lawsuit for personal injuries must be brought within 2 years of the injuries. However, facts of the case may cause this general rule to change. I would recommend consulting with a personal injury attorney to evaluate your case.
The answers to your questions will be based on your fee agreement that you signed when you retained the attorney. Generally a contingent fee agreement allows the attorney to be paid a percentage of the recovery regardless of the types of claims alleged. The responsibility for costs is a more tricky answer because of provisions such as CCP 998. Speak with your attorney -- he/she can provide you with the answers to your questions.