Legal Limitations on Injury Damages in California

A presentation brought to you by our personal injury attorneys in Los Angeles

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Limitations for Damages in Personal Injury Cases

Victims of personal injury accidents can seek monetary compensations for their injuries.

In certain cases, a legal limitation may apply on the total amount of the compensation that can be received by an injured individual.

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Limited Monetary Claims

The monetary compensation awarded after a personal injury lawsuit will typically cover all the expenses incurred by the victim as a result of the accident.

While this is applicable in most cases, a special law in California limits the monetary claims in medical malpractice personal injury cases.

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Limits on Compensation in MedicalMalpractice Cases

The Medical Injury Compensation Reform Act in California was designed to impose a damage cap on non-economic damages awarded in medical malpractice cases.

The Act contains provisions for a damage cap on compensations and the attorney’s fees.

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Limits on Non-Economic Compensations

These types of damages are limited to 250,000 $ in medical malpractice cases.

Non-economic damages are offered for post traumatic stress, pain and suffering or loss of companionship.

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Legal Limitations on Injury Damages

Other legal limitations in injury damages can apply in vehicle accident cases, if the driver is uninsured.

In this particular situation, the uninsured driver has the right to limited compensation because he cannot seek non-economic damages.

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Time Limitations in California

The state of California also imposes limitations on the amount of time after the accident during which the victim can file a complaint.

The statute of limitations for personal injury cases is two years after the date of the accident.

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Time Limitations for Medical Malpractice Cases

Medical malpractice cases have a different statute of limitations.

Victims can take the case to court within one year after the discovery of the injury or three years from the date of the injury, whichever takes place first.

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Limited Compensations for Shared Fault Cases

Victims involved in shared fault cases should also know that their compensation right will be reduced by the percentage of fault.

This is the comparative negligence rule and a judge will determine in court the amount of fault that belongs to each party.

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Legal Aid for Obtaining Compensations

Victims of personal injury cases in California should take all of these legal limitations into consideration when filing for a lawsuit.

One of our personal injury lawyers in Los Angeles can help evaluate your case and calculate what limitations apply to your case.

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Thank you for your attention!

For more information please contact us at:

 (+44) 203-287 0408 (for international clients)office@lapersonalinjuryattorney.net

http://www.lapersonalinjuryattorney.net/