Are There Caps on Damages in Personal Injury Cases?

November 25, 2024

Each state has different caps regarding how much money plaintiffs can recover in a lawsuit. In California, while there is no limit on damages in personal injury cases, there is a cap on how much money you can recover in a medical malpractice claim. According to Assembly Bill No. 35, non-monetary compensation is capped at $390,000 in non-death cases and $550,000 in wrongful death cases. These damage caps went into effect as of May of this year.

In this blog, our Ventura personal injury attorneys discuss the types of personal injury cases we handle and the two methods we use to calculate noneconomic damages to acquire compensation for our clients. 

Common Types of Personal Injury Cases We Handle

At Bamieh & De Smeth, PLLC, we have experience handling the following types of personal injury cases:

Damage Caps in Medical Malpractice Claims in Ventura, California

In California, noneconomic damages in medical malpractice claims are capped at $390,000 in non-death cases and $550,000 in wrongful death cases. Noneconomic damages include any compensation for non-pecuniary losses that impact a person’s quality of life, such as pain and suffering, mental anguish, and loss of consortium. The damage caps adjust annually to account for inflation. 

Calculating Noneconomic Damages in Personal Injury Cases

At Bamieh & De Smeth, PLLC, we use two methods to estimate noneconomic damages. Let us examine each:

Per Diem Method

The per diem method evaluates your pain and suffering and the damage accrued daily. Typically, your daily wages will be calculated using this method. Taking your lost daily wages, we will multiply this figure by the number of days you missed work.

An example of the per diem method would look like the following:

This method generally only works if your pain and suffering occur for a certain period. Unfortunately, it is typically unfair to lower-earning individuals, so we only use it in select situations.

Multiplier Method

Our Ventura personal injury attorneys commonly use the multiplier method to calculate noneconomic damages. Using this method, a number is assigned to the severity of your injury on a scale from 1.5 to 5. We then calculate your total economic damages. Next, we multiply your severity rating by your total economic damages. 

An example of the multiplier method in a car accident claim would look like the following:

Since the multiplier method considers the totality of your losses, it almost always provides individuals with greater compensation than the per diem method. At Bamieh & De Smeth, PLLC, we continuously strive to obtain the most compensation for your injuries and losses, allowing you to make a full physical recovery.

Injured? Consult Our Ventura Personal Injury Attorneys Today

If you have experienced a personal injury, you need dedicated representation to protect your interests. Our Ventura personal injury attorneys bring diverse experiences to the table, allowing us to communicate with various groups of people effectively. At Bamieh & De Smeth, PLLC, our attorneys consider any damage caps to fight for maximum compensation on your behalf. To arrange your free consultation, contact us online or by phone today.