The insurance companies have done an excellent job in the media of portraying Sacramento’s personal injury attorneys and car accident victims as people trying to take advantage of a bad situation. Those stereotypes are conveniently fostered by an insurance industry seeking to maximize profits by denying or underpaying valid claims. Contrary to those attacks on victims, the law in California sets forth precise requirements that must be proven before being awarded damages.
Personal Injury: Damage Limits
The amount of damages that a personal injury attorney in California can seek for their client is limited to several very sound principles. First, punitive damages are never allowed in a simple personal injury negligence case. Punitive damages are designed primarily to punish a defendant, which is not the objective in a negligence case. Negligence cases are solely about restoring the victim to where they were or compensating them for their loss.
Not surprisingly, purely speculative damages are not allowed either. For a victim of negligence to recover damages for possible consequences, a personal injury attorney must demonstrate a reasonable certainty that future outcomes will result from the original injury.
In some cases, damages are even limited by statute. For example, in a medical malpractice negligence action, noneconomic damages are limited to $250,000 in California.
Personal Injury: Damages Allowed
California law clearly states that the personal injury attorney can only recover the actual harm caused to a victim. Those damages are generally divided into two main categories: economic and non-economic.
The term “economic damages” in the context of personal injury damages means money lost, debts incurred, or those debts that will be incurred for things such as medical expenses, loss of wages, or employment opportunities. Sometimes, this is referred to casually as “out-of-pocket” damages.
In addition to economic damages, a negligence victim is entitled to recovery for noneconomic damages. While these damages may be subjective, they must be accurate. These items usually include pain, suffering, and emotional distress. Personal injury attorneys sometimes collectively refer to these damages as “pain and suffering.” This phrase contains not only the actual physical pain but can include such items as nervousness, grief, indignity, apprehension, and humiliation.
For noneconomic damages, pain, and suffering, the law does not place a defined value on the injury. Every person has a different pain threshold and handles life’s events differently. There is no simple calculation. As such, the law has appropriately left the measure of noneconomic damages in the hands of a jury of both the defendant and the victim’s peers. The law places a duty upon the impartial and neutral jury to act reasonably, intelligently, and harmoniously with the evidence offered by the defendant and the victim.
Most personal injury attorneys will tell you that California law is fair and equitable regarding personal injury awards. Punitive damages are not permitted, and injuries must be accurate. On the other hand, the law provides reasonable compensation for all actual damages, and skilled personal injury attorneys can assist in obtaining those victims’ rights.
