What are the damages available in a catastrophic injury lawsuit?

In California, damages available in a catastrophic injury lawsuit can depend on the exact circumstances of the injury. Generally speaking, however, these damages may include compensatory damages, which reimburse the injured party for losses such as medical expenses, loss of income and other economic losses, as well as pain and suffering. Punitive damages, which are awarded to punish the responsible party and discourage them from engaging in similar bad conduct in the future, may also be available for certain catastrophic injuries. In California, the claimant must prove that the injury was caused by the negligent or intentional conduct of another party. In some cases, the court may also award non-economic damages, such as compensation for the loss of enjoyment of life or the deprivation of the ability to participate in activities the injured person used to enjoy. In California, non-economic damages are capped at a certain amount and will vary based on the severity of the injury. For example, for a devastating spine or brain injury, the cap on non-economic damages may be as high as $250,000, while for a permanent scar, the cap may be as low as $50,000. The court may also award attorneys’ fees and expenses to the injured party if the court determines that the party responsible for the injury acted in an especially wrongful or egregious manner. Ultimately, the damages available in a catastrophic injury lawsuit in California will vary depending on the exact circumstances of the injury.

What are the damages available in a catastrophic injury lawsuit?

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