Are there any limits on the damages I can recover in a catastrophic injury case?
Yes, there are limits on the damages a person can recover in a catastrophic injury case in California. The damages available in a catastrophic injury case depend on the facts and circumstances of the case. Generally, the damages available in a catastrophic injury case include medical expenses, lost wages, pain and suffering, emotional distress, and loss of enjoyment of life. In California, the damages that can be recovered in a catastrophic injury case are limited to economic damages, such as medical expenses and lost wages, and general damages, like pain and suffering and emotional distress. Punitive damages are not generally available in a catastrophic injury case. Punitive damages are only available if the court finds that the defendant’s conduct was particularly egregious or malicious. In addition, California has a statutory cap on non-economic damages. This means that the amount of money a person can recover for their pain and suffering and other non-economic damages is limited by law. The cap on non-economic damages is currently set at $250,000, though this amount can change with the passage of time. If a person has suffered a catastrophic injury, they should contact a lawyer who specializes in catastrophic injury law in California. A lawyer can help them understand their rights and the damages they may be able to recover in their case.
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