In case you happened to be in an accident in California, you do not have to suffer the consequences altogether. You have the right to claim compensation for all the losses incurred. It is advisable that you consult a personal injury lawyer before you proceed with the legal steps. There are several circumstances under which a claim is granted to the filing party. Below is a discussion on the circumstances under which you would be able to claim your losses.
In the state of California, the pain and suffering damages are granted as a category of “non-economic damages”. This covers cases like
• Mental suffering
• Loss of consortium
• Loss of society and companionship
• Emotional distress
• Injury to reputation
The statute of limitations is 2 years at the maximum for most cases. Besides, it is between 1 and 3 years in case of medical malpractice. The damage limits available for medical malpractice cases is $250,000.
Pure Comparative Fault
California state laws dictate that courts are supposed to use the pure comparative fault rule to distribute compensation for non-economic damages. Under this law, even if you are responsible for a part of the damages, you will be eligible for a proportional amount of damages.
For instance, you were adjudged 70% responsible for the damages caused. If the court awarded you $100,000 as non-economic damages, the court will deduct your damage award. However, you could still receive a sum of $30,000 as non-economic damages. Therefore, it is better to approach an accident lawyer in the case of an accident.
Types of Claims
Note that California State does not permit pain and suffering damages for worker’s claims for compensation. There are several other cases where the pain and suffering damages are granted. These are:
• Car accidents
• Medical malpractice
• Defective Products
• Slip and fall
• Wrongful death
• Intentional Injury (Intentional Tort)
Circumstance Limits on Damages
In certain specific cases, California law does not grant compensation to parties involved in car accidents. The injured party will not be given a grant if they are:
- Convicted in a driving under the influence (DUI) in relation to the accident.
- Owners of a car that was involved in the accident and was underinsured or uninsured, save if the defendant was proven to be in DUI in the accident.
- Driving a car that was a part of the accident and was underinsured or uninsured.