Defining Damage Caps In Personal Injury Cases
You can get injured in many different types of accidents, including car accidents, motorcycle accidents, slip and fall accidents, and others. Regardless of the type of accident, you deserve to recover monetary compensation if the accident was the result of another party’s negligent or wrongful behavior. However, there are certain cases in which you may be limited to the amount of money you can recover for the injuries you have suffered.
These are known as damage caps, and they are state-imposed limits on the amount of money you can recover in a personal injury case, and the details of these limits differ from state to state. This post will discuss the background information about damage caps, but it is always best to consult with an experienced personal injury attorney for detailed information regarding your specific case.
Defining Personal Injury Damage Caps
Damage caps refer to the limitations imposed by the state on the amount of money a personal injury claimant can recover in the case brought against the defendant, and they are generally imposed regardless of the specific facts of a case. For instance, if you lose a limb as due to the negligence of another party, a state damage cap may limit how much you would be able to recover regardless of the extent of your injuries, how old you are, how you make your living or any other factors. Therefore, a younger healthy person who is raising a family would be limited to the same amount of damage as an ill, elderly individual...
Types of Damages That Are Capped
State damage caps generally limit two main categories of damages: punitive damages and non-economic damages. Punitive damages are designed to punish an offender for his or her behavior that caused the claimant’s injuries and are not designed to compensate an injured person directly. Non-economic damages are damages that cannot be substantiated with receipts, bills, or invoices. Examples of non-economic damages include pain and suffering and mental anguish.
In some recent cases, state courts have overturned or severely restricted damage cap laws. Some of these cases have held that the damage caps, as they currently exist, are unconstitutional. What this means is that if you are injured in an accident that was caused by another party, and you believe that there is a damage cap that may be applicable to your case, it is crucial that you immediately consult with a personal injury attorney. An experienced accident attorney may be able to fight the damage cap law and help you recover the full extent of the compensation that you deserve for the injuries you sustained.
Consult with a Los Angeles Damage Cap Personal Injury Attorney
If you or a loved one has been injured in an accident that was caused by the negligent or reckless actions of another party, you may be entitled to compensation. For more information or to schedule a complimentary consultation with an experienced accident attorney in Los Angeles, call the Law Offices of Vahdat & Associates at (888) 523-1698.