Filing a personal injury lawsuit might be your only opportunity to recover compensation after a serious accident but one question often asked by victims is whether or not damage caps apply that could limit the overall recovery they would have from a lawsuit. It’s important to consult with an experienced personal injury lawyer in California as soon as possible after you have been hurt so that you have a clear understanding of what is involved and can build a case to get the compensation that you need. The best way to determine the settlement amount that could be fair for you to move on with your life is to meet with a California personal injury lawyer.
California does not have compensatory damage caps for personal injury lawsuits. The only exception to this is medical malpractice cases which have a $250,000 cap on pain and suffering and other non-economic damages. Compensatory damages are given to a victim to restore their financial situation to what it was prior to the accident. The intent behind this is to give a plaintiff financial relief as if the accident and injuries never happened to begin with.
Compensatory damages can be either non-economic or economic. Non-economic damages are awarded for things such as emotional distress, pain and suffering and reputational harm. Economic damages, however, refer to direct payments, such as therapies, medical expenses, property repair or replacement or anything else with a strict dollar amount attached. Punitive damages, however, are a separate classification and refer to those situations in which the court determines that the defendant’s actions were willful or malicious such that the defendant should be punished by having to pay a much larger sum.
Consult with an experienced San Francisco accident lawyer to learn more about your opportunity to recover damage compensation.