How is the award of damages in a sports injury case determined?
In California, the award of damages in a sports injury case is determined by a variety of factors. These include the extent of the injury, the duration of the injury, the cost of medical expenses, and the amount of pain and suffering caused by the injury. The court may also consider the impact the injury has had on the plaintiff’s personal life and earning potential. When determining the award of damages in a sports injury case, the court will first consider the plaintiff’s damages from the time of the injury. This includes all medical expenses and lost wages due to the injury. The court will then consider any emotional distress, either physical or psychological, that resulted from the injury. The court will also factor in any impact the injury had on the plaintiff’s social life, such as the inability to participate in activities they previously enjoyed. The court may also consider the degree of fault of the defendant in the case. If the court determines that the defendant was at fault, they will consider the degree of negligence in their awarding of damages. This means that the amount of damages awarded to the plaintiff may be reduced if the court determines that the plaintiff was somewhat at fault for the injury. In some cases, the court may also award punitive damages to the plaintiff. Punitive damages are awarded to the plaintiff to punish the defendant for their wrong doing and to serve as a deterrent to others from engaging in similar behavior. Punitive damages, however, are rarely awarded in sports injury cases.
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