Are There Caps on Damages in Personal Injury Cases?
November 25, 2024Each 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:
- Motor vehicle accidents
- Bicycle accidents
- Pedestrian accidents
- Boating accidents
- Product liability claims
- Sports accidents
- Slip and fall accidents
- Dog bite claims
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:
- $140 [Average daily wages] X 90 [number of days you experienced pain and suffering] = $12,600 total pain and suffering damages
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:
- [$175,000 of medical expenses] + [$80,000 of lost wages] + [$70,000 of property damage] = $325,000 total economic damages
- $325,000 total economic damages X 2 [Multiplier]=$650,000 total pain and suffering damages
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.