Legal Limitations on Injury Damages in CaliforniaUpdated on Saturday 25th February 2017
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Victims of personal injury accidents have the right to seek monetary compensations for their losses, both material and emotional. However, each state imposes specific limitations on the claims that can be made for injury damages and the amount of time the victim has to make such claims. The state of California also has legal limitations on injury cases and victims who have been involved in an accident in this state, such as a vehicle accident in Los Angeles, should be well informed before deciding to go to court with a personal injury claim.
Our Los Angeles personal injury attorneys can help you, if you have been the victim of a car accident in L.A. or another type of accident, like a work accident.
Limits on injury damages in Los Angeles
The state of California imposes certain limitations for personal injury claims. These limitations apply in certain cases and they usually limit the number of monetary claims a victim can make. Typically, there are economic and non-economic damages and they are considered compensable losses in a personal injury case. Economic compensations can be given for any medical expenses caused by the defendant, lost wages and other damages brought to goods. Non-economic compensations are given in cases in which the damage cannot be clearly quantifiable like pain and loss that can occur in a wrongful death case.
Victims of car accidents in L.A. and those of medical malpractice should pay attention to the legal limitations for their injury damages. Uninsured drivers in Los Angeles are usually not allowed to seek non-economic damages if they have been involved in a vehicle accident. However, the California Civil Code provides an exception to this rule when the other driver involved in the accident was driving under the influence of alcohol or drugs. Our personal injury lawyers in L.A. can help you build your case if you have been involved in this type of road accident.
California also has a law regarding the maximum amount of damages that can be claimed in a medical malpractice case. The Medical Injury Compensation Reform Act established that there is a 250,000 $ cap on non-economic damages for these types of cases. Insurance companies will typically use a formula to determine the maximum amount of compensations the plaintiff should receive. This is why it is important to seek the help of a Los Angeles personal injury lawyer if you are involved in an accident in California: an attorney will be able to help you negotiate the amount of the compensation.
Our lawyers invite you to watch a video about the applicable limitations on personal injury cases:
Other limitations on personal injury claims
Our personal injury lawyers in Los Angeles can give you more information about other legal provisions that may limit your claims in a personal injury accident. Our attorneys will help you build your case within the statute of limitations for injury claims. The usual two-year period to file a claim for a personal injury is limited in medical malpractice cases. In these particular situations, the plaintiff has one year to take the case to court after he discovers the injury or three years after the date of the injury, whichever case takes place first.
Together with our personal injury attorneys, you will be able to file a personal injury claim. You can contact our Los Angeles personal injury attorneys for more information.