What laws limit personal injury damage and its settlement in California?


Image: https://www.pexels.com/photo/woman-looking-at-sea-while-sitting-on-beach-247314/

Damages are generally financial, but there are also non-financial, subjective losses that result from an injury caused by an accident. Damages refer to the settlement that is imposed upon the liable party for some breach of duty, like driving drunk or failing to maintain safe premises. Fresno Personal Injury Lawyers – Grossman Law Offices explains that damages are awarded in personal injury lawsuits, but in some instances, they are capped. California has set a legal limit to the amount of money that a victim can recover in non-economic damages in some personal injury lawsuits.

What are damage caps?

Damage caps restrict how much a plaintiff can recover in noneconomic damages and reduce the potential liability of the defendant. Economic damages include the financial losses the victim has suffered, such as medical expenses, lost wages, the cost of repairing or replacing their damaged car, and other losses related to the accident. Noneconomic damages include pain and suffering and mental, emotional, or psychological problems.

Limits On Certain Types of Personal Injury Cases

Not all California personal injury cases have damage caps.

Under the “Personal Responsibility Act” passed in 1996, drivers who are convicted of driving under the influence (DUI), own an uninsured vehicle, or do not have auto insurance are prohibited from recovering non-economic damages. The owner of an uninsured vehicle is able to recover compensation for non-economic damages if a drunk driver caused the accident. 

Also, under California law, a person convicted of a felony and was injured while they were committing the crime cannot recover damages for injuries that occurred while they were violating the law.

While not a type of damage cap, when it comes to temporary disability benefits under the California Worker’s Compensation system, the maximum payment possible is $1299.43 per week, and the minimum is $194.91. However, these amounts will be different for individuals who were injured before the year 2020. Injured workers who cannot work are limited to these monthly amounts.

It may be more difficult to recover damages for pain and suffering, mental anguish, and emotional distress in any of the aforementioned scenarios. If you were injured on the job, then you may find a limit to your Worker’s Compensation personal injury claim. 

California Statute of Limitations

In addition to damage caps, each state has a legal deadline for how long an injured party has to initiate legal proceedings from the date of the accident. These limitations are intended to ensure that lawsuits are dealt with in a timely manner to prevent the facts surrounding the case from becoming old, stale, or indiscernible. In California, the statute of limitation for personal injury claims is two years from the date of the accident. The courts are strict about this deadline, and if you wait too long to file, they will dismiss your case even if you have extremely compelling evidence.

Talk To An Attorney Today

Under California law, you can recover the full amount you are entitled to in economic damages such as your medical expenses, lost wages, future lost wages, and other expenses related to your injury. It’s best to speak to an experienced personal injury attorney who can advise you on how the law applies to your case.

Related To This Story

Latest NEWS