Personal Injury Cases: Defining Damage Caps

Defining personal injury damage capsYou can get injured in a car accident; motorcycle accident; bicycle accident; slip and fall accident. Regardless of what type of accident you get injured in, you deserve to recover monetary compensation if the accident was the result of another party’s negligent or wrongful conduct. Unfortunately, in certain cases you may be limited to the amount of money you can recover for the injuries you have suffered.

These state-imposed limits on the amount of money you can recover in a personal injury case are known as damage caps. The details on these laws often differ in each state. Although this article provides background information about damage caps, it is best to consult with an experienced personal injury attorney for detailed information.

Defining Personal Injury Damage Caps

Damage caps is referred to the limitations imposed by the state as to the amount of money a personal injury claimant can recover in the case brought against the wrongdoer. Damage caps are generally imposed regardless of the specific facts of a case are.

For instance, if you use a limb as a result of the negligence actions 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 factor. In other words, a young individual raising a family will be limited to the same amount of damage as an ill elderly individual who is disabled as a result of an injury.

Types of Damages That Are Capped

State damage caps generally limit two man categories of damages: punitive damages and non-economic damages. Punitive damages are designed to punish a wrongdoer for his or her egregious actions that caused the claimant’s injuries. Punitive damages are not designed to compensate an injured compensate directly. Non-economic damages are types of damages that cannot be substantiated with receipts, bills or invoices. Examples of non-economic damages include pain and suffering, mental anguish and loss of consortium.

In some recent cases, state courts have overturned or severely restricted damage cap laws. Some of these cases have held that the damage caps are unconstitutional as they currently exist. 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 imperative 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.

Consult with a Damage Cap Personal Injury Attorney in Los Angeles

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 free consultation with an experienced accident attorney in Los Angeles, call the Law Offices of Samer Habbas today at 888.848.5084.

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