If you have been involved in an accident or suffered from medical malpractice, you can pursue a claim against the negligent parties and recover damages. However, there is a limit to how much you can receive in certain instances.
Although California generally doesn’t have damage caps, there are some exceptions. It’s essential to consult with a personal injury attorney as you pursue compensation for your damages. Here are some examples of when damage caps are applied in California:
Non-Fatal & Fatal Medical Malpractice Claims
A damage cap is the maximum amount a victim can recover following a lawsuit. As of January 2023, California has a $350,000 damage cap for non-economic damages in non-fatal medical malpractice claims and a $500,000 damage cap for fatal or otherwise known wrongful death medical malpractice claims. This change occurred when Assembly Bill 35 was passed. It will apply only to cases filed after January 1, 2023.
If you have a medical malpractice claim filed before 2023, the damage cap is $250,000. Non-economic damages refer to intangible damages such as pain and suffering, PTSD, loss of consortium, and other damages that are harder to quantify than regular economic damages, such as medical bills, lost wages, or property damage.
The good news for medical malpractice victims and their families is that each year, the cap for non-fatal cases will increase by $40,000 until it reaches $750,000. In contrast, it will increase by $50,000 yearly in medical malpractice wrongful death cases until it reaches $1 million.
Personal Injury Cases With No Damage Caps
In most situations, there are no damage caps in personal injury cases in California apart from malpractice cases. If you pursue a personal injury case as a result of a car accident, assault or battery, slip and fall, product defect, or dog bite, you are entitled to compensation proportionate to the injuries and other damages you have suffered. However, it is advisable to consult with a personal injury attorney to help you determine the damages and fight for your claim.
Working With a Personal Injury Attorney
No matter what type of personal injury claim you wish to pursue, working alongside an experienced auto accident attorney or injury lawyer can help you maximize your compensation and receive justice.
Being injured doesn’t guarantee you’ll receive fair compensation as insurance companies are businesses that aim to make money, not lose it. This can result in them offering you a lesser settlement amount than you deserve.
However, when you work with a personal injury lawyer, you have a fighting chance at maximizing your compensation. They will handle the negotiations on your behalf and prepare your case accordingly.
This might mean gathering police and medical records and speaking with witnesses or accident reconstruction experts to provide testimony to strengthen your claim.
