Is there a “caps” on the amount of damages recoverable in a burn injury case?
Yes, there is a cap, or limit, on the amount of damages recoverable in a burn injury case in California. This is due to a California law that limits the total amount of damages for non-economic damages, including pain and suffering, in such cases. The limit of recoverable damages was set in 1975 and is updated every year to adjust for inflation. The limit, or “cap”, is based on the size of the injured person’s medical expenses. People with small medical expenses may recover up to $250,000 in non-economic damages, while those with higher medical expenses may recover up to $500,000 for non-economic damages. In special circumstances, the court may choose to raise the cap to $1 million if the claim warrants it. This cap is designed to protect individuals who have suffered burn injuries from losing large amounts of money due to their medical expenses. It is important to note, however, that this cap only applies to non-economic damages. Those with burn injuries in California may still have their economic damages, such as lost wages, fully recovered. If you have suffered a burn injury, it is important to speak with a lawyer to understand your rights and to make sure you are getting the full compensation you are entitled to. A lawyer can help you understand the law and make sure you are following the guidelines to get the best compensation possible.
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