Non-Economic Damages in California Personal Injury Cases

Non-Economic Damages in California Personal Injury Cases

If you or a loved one have been involved in an accident in which you have been hurt, whether it be from a car accident, slip-and-fall, wrongful death, medical malpractice, product liability, or another incident, you are entitled to sufficient recovery for the cost of your treatment and total damages. However, you are also entitled to non-economic damages that you incurred as a result of the accident. If you have been involved in such an accident in the San Diego area you should consult with an experienced and capable personal injury attorney to provide you with the best representation possible to maximize your recovery.

Non-Economic Damages in California Personal Injury Cases

Types of Non-Economic Damages

Many victims of accidents (especially auto accidents) are usually so preoccupied with recovering the cost of their personal property, they neglect their physical or psychological trauma. This not only reduces the recoverable amounts available but greatly disadvantages an individual from being able to fully recover from such a dismal experience. There is a myriad of non-economic claims to which you can turn for just compensation, which is why it is important to consult a licensed personal injury lawyer to assess the viability of your case.

  • Pain and suffering: This amounts to the physical pain and mental suffering you were forced to endure during and after an accident. Most pain is delayed due to the shock of being involved in an accident but it is imperative to see a medical professional immediately for an assessment and diagnosis of any furtive injury. Medical costs can add up quickly which is why it is important to contact an experienced injury attorney as soon as possible.
  • Emotional distress: Experiencing an accident can be an immensely stressful process. The initial trauma, combined with the stress of dealing with insurance companies and potentially taking days off from work, is an arduous ordeal, to say the least. In addition, victims may have to confront some form of post-traumatic stress disorder or paranoia when performing the same activities that led to their injuries, such as driving or other work-related activities.
  • Loss of consortium: If the subsequent physical or mental toll becomes too much to bear and causes the termination of a familial or other significant relationship, you are entitled to just compensation to address the psychological and financial ramifications, if applicable.

There is a more expansive list of non-economic damages, but these are the primary and most frequent that will be encountered in personal injury cases. If you have been involved in an accident in the San Diego area you need to ensure you have quality legal representation to maximize your settlement.

Statutes of Limitations/Recovery Limits

In most personal injury cases, it is critical to begin your claim as quickly as possible due to the statute of limitations. In most civil injury cases the statute is two years from the date of loss/date of injury. In instances of medical malpractice cases, victims have one year since they discovered the injury, or three from the initial date of loss, whichever occurs first.

Most injury claims have a preset recovery amount that can be acquired by a victim. In most auto accidents, recovery is determined by the insurance policy of the defendant/at-fault party, which means that the victim’s recovery is limited to the defendant’s policy limits. The medical malpractice cap is $250,000 in all cases. If you are in the process of acquiring your recovery and are found at fault, you are still entitled to compensation via the pure comparative fault rule within the California Civil Code. As an example, if you are due to recover $50,000 and you are found 50% at fault, you are still entitled to $25,000.

Benefits of Representation

A qualified and effective
personal injury attorney can help you navigate the complex labyrinth that is the California Civil Code as it relates to personal injury. In order to increases the chances to gain the maximum settlement in your case, contact the Coastal Legal Center for your free consultation and case evaluation at 619-231-0724.