Posted On June 22, 2020 Pain & Suffering,Personal Injury
Injuries happen unexpectedly, and they can result in tremendous setbacks for victims. Not only will a person who sustains an injury have to deal with the initial emergency and recovery, but they will also have to contend with medical bills and other out-of-pocket expenses. When most people think of personal injury compensation, they think of coverage of medical expenses and lost wages. However, an injury victim may also be able to recover compensation for their emotional distress as well. It is important to understand what emotional distress damages are and how they apply to personal injury cases.
You may also hear emotional distress damages referred to as “general damages” or “non-economic damages.” These damages are different than those that an injury victim will receive for expenses they incur for medical bills, lost ways, and other out-of-pocket expenses incurred after an injury occurs.
There are a few ways to prove emotional distress damages in the aftermath of an injury.
There are various ways that emotional distress damages may be calculated. Unlike economic damages (medical bills, lost wages, etc.), these damages are not as easy to calculate. There are no bills or receipts that an Upland personal injury attorney can bring out to show a jury.
In California, there is a two-year statute of limitations in place for personal injury cases. This means that injury victims need to file a lawsuit against an alleged negligent party within two years from the date of the injury, or they will lose the ability to recover any compensation.
In general, California does not place a cap, or limitation, on how much a personal injury victim can recover in emotional distress damages. However, for those who are injured due to medical negligence, there is a cap of $250,000 in place for emotional distress damages.
If you or a loved one have been injured by another’s negligent or intentional acts, contact us to speak with an Ontario personal injury attorney today.
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