In the city of San Luis Obispo, there is a damages cap in place when a victim sues someone for injuries or property damage caused in an accident. Economic and noneconomic damages have a limit in civil court.
In the state of California, punitive damages are not awarded in a simple personal injury case. It can also be difficult, but possible, to secure damages for potential or future consequences. Damage caps are in place in different types of claims and those caps may not be the same in every instance. For example, the maximum noneconomic damage award in a medical malpractice case is $250,000.
On the other hand, economic damages — those that can be proven with receipts other financial documentation, such as medical bills and lost wages — typically are not capped. A victim can often recover the exact amount spent on medical treatments and therapies, as well as being compensated for time off work due to medical injury.
The cap for noneconomic damages was set in 1975 and has not been adjusted since. California has one of the lowest damage caps in the nation. Only Kansas and Montana have a cap as low. When it comes to attorney’s fees, the plaintiff’s attorneys cannot receive more than 40 percent of the first $50,000 of compensation. The percentages received decrease as the dollar amount of the award rises.
An experienced attorney can assist a victim in determining what type of compensation and in what amount they may be legally able to recover. If you have been injured in an accident or through the negligence of another, speak with an attorney to discover more about your rights.