The special damages along with the general damages are both meant to make you a ‘whole’ person once again and the punitive damages are actually meant to be a deterrent for this wrongful behavior of the defendant. However, such damages cannot be exorbitant for any type of personal injury claims. Both for the economic and non-economic damages, along with the punitive damages,all will have specific damage caps. In some states, these damage caps are used as a tort reform effort. Usually, these damage caps are mostly targeted for limiting the non-economic damages, in specific types of cases. The Injury Lawyer in Surrey knows about it all.
Depends On Cases
The damage caps vary, according to the type of cases dealt by the Injury Lawyer in Surrey. The cap of non-economic damages that includes pain and suffering for a medical malpractice case may be
different from a slip and fall injury case. With regards to the damage caps there are usually exceptions in it especially in cases involving intentional torts. There are exceptions in place for
damage caps in wrongful death cases. Apart from that, in cases where the negligence is motivated for financial gain there may be some exceptions as well. It all depends of the state laws as to
what the final limit will be.
State Statutes And Legal Concepts
Damage caps that put limits to the financial amount of a personal injury claim depend on different types of legal concepts and state statutes. The Injury Lawyer in Surrey will know how it affects
the non-economic damages that include pain and suffering and loss of consortium, companionship and enjoyment of life. The difference between economic and non-economic damages is that the
non-economic damage is not based on the past losses or even the future loss calculations. It is more subjective and may have different range of evaluation as well. However, in case of death and
loss of limbs you can have higher damage cap or the cap exempted altogether.
Punitive Damage Caps
As for the punitive damages that are usually designed with intent to punish the defendant for intentional harms and to deter such acts in the future, the damage cap depends on the wealth and
financial strength of the defendant. If the financial strength is very strong, as in the case of a large corporation the Injury Lawyer in Surrey can claim for a large punitive damage award even
though there are a few guidelines in place to prevent excessively large punitive damage awards.
Fixed Cap and Multiplier
There are a few states that have special acts and statutes that limit punitive damages awards more aggressively. In few states these caps are eliminated altogether. Few states have a fixed cap
while others may have a fixed multiplier that is used on other damages in that particular case to calculate the amount. For example the attorney may suggest for a punitive damage that is three
times the economic and non-economic damage awards taken together. For more information visit Our Website