Are There Caps on Non-Economic Damages in California?
Personal injury accidents can be devastating, depending on the nature of the incident. However, whether you experienced a slip-and-fall at a restaurant or you were hurt during a serious automobile accident in California, it is important to pursue a personal injury case that can provide you with the necessary compensation required to recover from the accident.
One of the most common questions asked by personal injury victims is whether there is a limit to how much they can receive in non-economic damages after an accident in California. The answer to this question relies on several important details regarding your claim and the injuries that you suffered, but an experienced lawyer can help you navigate the process of pursuing the compensation you deserve.
Damages in California Personal Injury Claims
Victims of personal injury accidents in California are eligible to collect two distinct types of damages: economic and non-economic. Many people are familiar with the idea of receiving economic compensation, which is related to any property damage, physical injury, or quantifiable loss that occurred as a result of the accident.
Alternatively, non-economic damages are associated with the consequences of an accident that cannot be financially quantified, including the development of mental health complications, loss of quality of life, and much more.
Depending on the details of your California personal injury case, a judge may also order punitive damages. These damages are assigned to the party who is found to be at fault in addition to the economic or non-economic damages they must already pay. Punitive damages are used as a method of punishment if the responsible party acted recklessly or negligently.
Calculating Damages in California Personal Injury Cases
There are no existing specifications for how non-economic damages are awarded in California personal injury claims. Each case is unique and requires the evaluation of a court to determine the damages that victims will receive. Depending on the details of the accident, a jury will decide a final amount that is considered reasonably appropriate for the injuries sustained.
To ensure you receive the non-economic damages you require, your lawyer will need to provide sufficient information to the court to prove the responsible party behaved negligently. They must also show that the defendant’s negligence directly contributed to the accident. In order to do this, they will gather important evidence from the scene of the accident that illustrates their careless behavior and how it led to your injuries.
Caps for Non-Economic Damages in CA Personal Injury Claims
California does not place a cap on the economic damages that a victim can receive after they have been in a personal injury accident. Similarly, most cases of personal injury in California do not have a cap on the non-economic damages that can be awarded; however, several exceptions can prevent victims from obtaining uncapped damages, such as:
- Claims involving medical malpractice, in which non-economic damages are capped at $250,000;
- Claims in which injuries were sustained by the claimant while they were driving under the influence;
- Claims in which injuries were sustained by the claimant while they were committing or escaping from a felony crime; and
- Claims in which the claimant did not have active car insurance, even if their injuries were sustained during a car accident for which the claimant was not at fault.
- If the responsible party was driving under the influence, non-economic damages may be available.
Understanding which forms of compensation are available to you may seem challenging, which is why it is important to work with an experienced lawyer who has your best interests in mind. It can be difficult to navigate the world of personal injury claims, but a dedicated legal professional has the ability to strengthen your case and provide you with peace of mind.
Reliable Personal Injury Claim Support in California
Each personal injury claim is unique and requires the full attention of a reliable lawyer. If you are currently pursuing a California personal injury claim, it is important to contact a qualified lawyer who can help you build evidence for your case and ensure that you obtain the best possible results for your claim. The Newport Beach personal injury lawyers at Younglove Law Group are experienced in successfully handling a variety of personal injury cases, and they can help you.
To get started, call Younglove Law Group at (949) 691-3660 or book your consultation online today.
