Are there caps on damages awarded in a boating accident case?
In California, there is no cap on damages awarded in a boating accident case. This means that any damages awarded are based solely on the amount of harm the plaintiff has suffered, even if the amount is greater than the limit set by the court or other legal bodies. The courts may choose to limit the amount of damages awarded, but they do not have the legal authority to set a cap on the total amount. The only damages that are capped by law in California are non-economic damages, such as pain and suffering, loss of consortium, and emotional distress. The cap is $250,000 and applies to any injury or death that arises from a single occurrence. This means that if more than one person is injured or killed in a boating accident, the cap of $250,000 will be applied to each person, up to a maximum of $500,000. In the event that punitive damages are awarded, those damages are considered uncapped and can be based on a variety of factors, including the negligent behavior of the other party and the extent of the harm caused. When attempting to recover damages in a boating accident case, it is important to speak with an experienced attorney who can help you understand the potential damages that may be available.
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