Are there Caps to Damages in Personal Injury?
Are there Caps to Damages in Personal Injury?
When someone has a personal injury claim in San Diego due to another person’s negligence, California law allows them to file a tort claim for compensation. Wrongful deaths, accidents involving motor vehicles, construction area accidents, slip-and-fall accidents, construction site accidents, assault injuries, and even pet attacks are all instances of situations that could lead to a tort suit.
The goal of compensation in a tort suit is to reimburse the sufferer for all the harm that has affected their lives, meaning that the payment should return them to their pre-accident status as closely as practicable.
There are two types of compensation required: economic and non-economic damages to restore someone’s life to what it was before an accident. However, for medical malpractice claims, there is a cap.
Consulting a San Diego personal injury lawyer will help you determine the best route to take to get the compensation you deserve.
Cap On Non-Economic Damages ( Medical Malpractice)
Damages limits are rules that set a limit on how much non-economic damages can be awarded in a lawsuit. Each state currently has its damages cap. Meanwhile, the federal government has capped non-economic damages in medical malpractice cases at $250,000.
A cap on damages attempts to reduce service providers’ liability to manage the high expenses of doing business since juries may feel tempted to give the patient millions of dollars in non-economic damages. A San Diego personal injury attorney will fight to get you the highest compensation you deserve.
Economic/Special Damages
Economic damages, often known as special damages, pay the sufferer for expenses incurred due to the injury or accident. Special damages can refer to both past and future costs.
Medical expenditures for any injuries sustained due to the occurrence are the most typical sort of economic damages. Property damages might be sought in the event of an automobile accident to cover damage to the victim’s vehicle.
Damages for lost wages would be acceptable if the harm were severe enough to prevent the victim from working. Bills and pay stubs can easily document all of these types of losses. You do not, however, need to have a bill in hand to collect compensation for economic losses.
Victims of debilitating injuries that result in long-term or permanent disability can seek compensation for future medical treatment, rehabilitation, physical therapy, nursing care, and vocational rehabilitation, among other things. Medical experts’ estimations are commonly used to determine the value of these damages.
Non-monetary Damages
Non-economic damages, sometimes known as general damages, are intended to reimburse personal injury sufferers for intangible losses resulting from the changes in their lives caused by the injury. Pain and suffering, mental agony, and loss of consortium are examples of non-economic losses (loss of a relationship with a partner).
Tangible losses are what lawyers used to determine economic damages. Someone with a huge medical bill for a serious injury, for example, is thought to be in more pain and suffering than someone with a lesser expense and a less serious injury.
Putting a monetary value on non-economic damages can be difficult. Therefore, the best way to determine the economic value is with the help of an experienced personal injury lawyer in San Diego.
Punitive Damages
Personal injury sufferers may be eligible to recover punitive damages in some situations. The purpose of these damages is to punish the at-fault party rather than to pay the victim. Punitive damages are only available in California, where the at-fault party behaved with fraud, oppression, or malice.
A Personal Injury Attorney in San Diego knows How Much Your Case is Worth
Call The Law Offices of Keith J. Stone today if you have any questions about the possible value of a San Diego personal injury claim. We will offer you a free initial consultation and explain the types of damages to which you may be entitled.
