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What Losses for Personal Injury Can Be Recovered in California?

It can be useful to learn which damages are recoverable for victims of accidents in California and which are not. California has particular regulations governing the types of damages that can be recovered, including economic, non-economic, and capped damages.
The damages that California determines are recoverable following a personal injury accident will be covered in this article.

Punitive versus Compensatory Damages.

In California, compensatory damages are used to compensate the injured party for financial losses. These are distinct from punitive damages, which are given to the defendant as a kind of punishment in an effort to deter others from committing the same acts.

In California, there are two categories of compensatory damages for accidents or injuries that happened:

  • Economic harm (for example, medical expenses or property damage)
  • Costs other than money (such as a reduced quality of life or suffering and pain)

California’s Economic Personal Injury Damages.
Any economic damages have a corresponding value amount that is simple to calculate. These are the costs that the victim may have incurred on their own. “Among other things, economic damages may also include property damage, lost ability to work and generate income, and medical costs. Sherry Cross, an attorney with Simpering Law Group, noted that situations including hazardous road conditions or DUI drivers could have a direct impact on the amount of damages.

Damages for Non-Economic Personal Injury in California.
Damages that are nonetheless significant but a little harder to calculate may be incurred by victims following a personal injury in California. These losses may consist of psychological suffering, physical impairment, pain and suffering, reduced quality of life, inconvenience, and physical harm (such as the loss of a major organ).
In California, even if they weren’t at fault for the collision, drivers without insurance are not entitled to non-economic damages for pain and suffering. There is, however, one exception to this rule.

The uninsured driver may be able to recover non-economic damages if the other driver in the incident was under the influence of alcohol or drugs and was found guilty of a DUI (California Civil Code section 3333.4).

Limits on Damages in California.
In most personal injury cases, California doesn’t have a cap on the amount of compensatory damages that can be awarded. Any amount that the judge or jury deems to be just and reasonable may be awarded.
The California statute of limitations for suffering, pain, and non-economic damages is $250,000, thus medical malpractice claims are an exception to this rule (California Civil Code section 3333.2). Regardless of the number of defendants or the severity of the injury, the California Supreme Court declared this limit to be constitutional and established its existence. Plaintiffs may nonetheless file formal lawsuits based on alternative legal grounds in these circumstances (battery, violation of liability regulation, or a contract breach).

California’s Strict Liability.
In the Golden State, some situations carry more weight than others. According to California Civil Code section 3342, the owners of dogs that attack or bite uninvolved parties are strictly accountable.
According to the legislation, if the sufferer was bitten while legitimately inhabiting a private property or in a public space, they wouldn’t even need to demonstrate negligence. It is not necessary to have prior knowledge of the viciousness in order to submit charges. Other states do have “one bite” laws, which give dog owners extra security.

In conclusion, California’s personal injury laws outline that while most damages can be recovered for the sufferer, some cannot.
Even if the other party is at fault, uninsured drivers cannot recover damages from an accident. Additionally, the law of California stipulates that there is a damage cap in cases of medical misconduct. Ultimately, understanding the injury regulations that apply in your state enables you to plan wisely and accelerate your recovery.