Damage Cap: Limitation of Penalties

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Injury Attorney

Cash damage is a major way end up a dispute. Generally the cost is carried out by the defendant’s insurance company. But before getting deeper into that first you must know how damages are categorized for the cash penalty. This is as following:

  1. Economic Damage: Damages that make you pay literally. Like medical expenses, repair and maintenance, Economic damages are usually specific costs after an accident.
  2. Non-Economic Damages: These damages are not after accident costs. They are more like after accident consequences.They is covered with cash damages, but that cannot be calculated precisely.Physical or mental injuries are considered as the Non-Economic Damages.

Suppose Brian had a car accident. He got some minor bruises but he hurt his elbow pretty badly. So he had to may around $200 medical expenses. So first the non-economic damages are caused by that accident. After that he faces economic damage which was $200. In a brief, both are attached to one another. Just like injury and an injury attorney.

But what may happen if someone claims millions of dollars for accident? This is happening every day. It is not unlikely to face that much of damages from an accident. But that amount can hurt the financial condition of the defendant or defendant’s insurance company pretty badly. Not only that, it may even lead to more un-necessary expenses.

So what does the accident law has to say about that? Well to prevent such things from happening, a law is issued to limit the maximum amount of damage claim. And this law is described as Damage Cap.

Facts about Damage Cap:

  1. Every state has its own limit of damage cap.
  2. The main objective of damage cap is to maintain the costs of service providers such as insurance company.
  3. Juries don’t have jurisdiction over damage caps. They suggest a fair amount of damage penalty. Then it is modified according to damage caps later.

Usually it takes several juries to solve bigger cases. Accident cases generally require 7-9 juries to reach a decision. One of them will present the whole team. And when all juries reach their verdicts the presenter will let the judge know about their decision.

Accidents may leave you with mental scars. And you may face a lot of problems with affection, attraction, companionship, assistance, and sexual relations. So it is fair to pay the damage to make it up to the victim. But that doesn’t mean someone else have to get bankrupt because of it. Martin Luther King (Jr.) said that, “Injustice anywhere is a threat for justice everywhere”. And damage cap is a vital law to make that happen.

Stephen Zee

14 Comments
  1. Adam L.

    February 6, 2015 at 10:35 pm

    The plaintiff suffered losses and/or was injured. Car accident victims are entitled to compensation for injuries, lost wages or earning capacity, pain and suffering, and property damage (for example, damage to a car). If there aren’t any monetary losses or provable injuries, the plaintiff can’t recover anything. For example, if Paula in the above example doesn’t suffer any physical injury, doesn’t miss any work time because of the accident, and her car sustains no damage, she cannot recover compensation from Dan because there has been no injury or damage.

  2. Edith J.

    February 7, 2015 at 12:56 pm

    The defendant was not careful. This is called “breaching” (or violating) the duty of care. In determining whether a driver was sufficiently careful, the law compares the driver’s conduct with the conduct expected of a “reasonable person.” The law asks: How would a reasonable, prudent person have behaved in the same or similar circumstances?

  3. G. Peter

    February 8, 2015 at 9:13 am

    When a person is negligent, it means that he or she has behaved in a thoughtless or careless manner, which has caused harm or injury to another person. A person can be negligent by doing something that he or she should not have done (for example, running a red light or speeding), or by failing to do something that he or she should have done (for example, failing to yield, stop for a pedestrian, or turn on lights when driving at night).

    • STRUCTURED SETTLEMENTS

      April 17, 2015 at 5:48 pm

      In case the person was not negligent, nor was anyone else, then it will be treated as a just accident.

  4. Lucifer KT

    February 9, 2015 at 5:33 am

    However, both the driver and the pedestrian can be negligent. For example, the pedestrian may be crossing the street illegally while the driver is traveling in excess of the posted speed limit. This scenario is treated differently in different states.

  5. Reynold L.

    February 10, 2015 at 9:33 am

    Injured pedestrians are usually covered under their health and disability insurance policies, or worker’s compensation coverage, if the accident occurs on the job. They may also be covered under one or more auto insurance policies.

  6. Benette C.

    February 11, 2015 at 10:33 pm

    An injured pedestrian can usually file a claim against the driver’s or vehicle owner’s auto liability insurance policy. Almost all states require that vehicle owners and drivers carry liability insurance to cover personal injuries to third parties and damage to third parties’ property. Recoveries are dependent on whose fault the accident was and various state statutes. (For a primer on determining fault in car accident cases, read A article Car Accidents Caused by Negligence.)

  7. Samm

    February 12, 2015 at 2:45 pm

    The police report from the accident will indicate which party the law enforcement officer saw as being at fault. Auto insurance companies, however, may dispute this finding. Insurance companies typically send an adjuster to the scene of the accident, or view the damage to persons and property soon after the accident has occurred. If you believe that your insurance company will unfairly assign you a greater percentage of fault, consider retaining a personal injury attorney to argue that you have a lower percentage of fault.

  8. Lemuel

    February 13, 2015 at 10:36 pm

    In some cases, your lawyer may conclude that the facts set forth in the complaint do not state a legal claim for relief.

  9. Ejeckyl

    February 15, 2015 at 3:45 pm

    The following list of injuries includes general torts, such as assault; medical malpractice claims, including birth defects; car accidents; dangerous foods and drugs; injurious consumer products; and more. Talk to a personal injury lawyer in your area if you need additional legal help.

  10. Heath

    February 16, 2015 at 6:28 pm

    When an accident is serious enough to cause fatal or severe injuries, or if alcohol was involved, the state will probably prosecute the driver who was at fault.

  11. Tyrell

    February 17, 2015 at 11:31 am

    But for all other car accidents, you, the other driver, and your insurance companies may be left to deal with medical bills and car repair expenses. Often these issues are ultimately resolved in court.

  12. Felton

    February 18, 2015 at 5:47 am

    Or, if certain elements are met, plaintiffs hurt by a defective product may be able to sue under a strict liability theory. Either way, product liability cases have the potential to become large class action lawsuits, involving many plaintiffs and enormous money judgments.

  13. Lowell

    February 21, 2015 at 5:22 pm

    Another common tort involves injuries caused by defective products. Liability in these cases can be imposed based on a theory that the manufacturer acted negligently by designing and selling an unsafe product.

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