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What is a damage cap in a personal injury action?

On Behalf of | Mar 28, 2019 | Car Accidents |

Accidents happen. While they are a part of life, individuals involved in accidents in Seattle or other cities across the nation should understand what rights they have. The damages suffered could be tremendous and filing a personal injury action could be very beneficial, as it is likely to offset the losses experienced by the accident victim.

What is a damage cap in a personal injury action? When seeking damages following a car accident, victims often seek to cover the money damages suffered. These are typically covered in two classes of damages, which include economic damages and non-economic damages. Economic damages are those damages that are specifically incurred as the result of the accident. This includes medical bills and the cost to repair property damage.

On the other hand, non-economic damages include things like pain and suffering and emotional distress. However, there are laws that limit the amount of non-economic damages one can collect. Each state has its own damage caps, and the federal government has a cap of $250,000. These caps were put in place to manage the high costs of doing business by reducing the liability faced by providers. Damage caps can also discourage people from bringing frivolous suits, ensuring that those who are actually harmed file a suit for compensation.

Even though there are damage caps, this does not prevent an injured party from obtaining damages. However, it is important to understand how these caps could impact an award and what can be done in these matters.

An accident victim could suffer severe injuries and tremendous amounts of damages. This can be physically and emotionally harmful, as one may find it challenging to address their pain and suffering and growing losses. In these matters, seeking compensation through a personal injury action could be a valuable step to take.