Silverthorne Attorneys Can Help.

Talk to us about your injury now.

Silverthorne Attorneys is a personal injury law firm in Orange County whose top priority and singular focus is the people we represent. We work diligently to make sure that our clients are well taken care of and that their needs are not only met, but come first. Injured now? Do not hesitate to reach out to Silverthorne Attorneys for a free consultation.

feature image

Personal Injury Attorney: Damage Caps

When someone sues in a personal injury case, their goal is to receive compensation for injuries they sustained. Normally, there are two kinds of damages someone can seek. Damages that are non-economic and damages that are economic. These these damages might relate to damaged property or medical bills. Damages of a non-economic nature range from pain and suffering to emotional distress and beyond. A damage cap refers to laws that exist to limit the total amount that an injured party can receive from damages that are of a non-economic nature. Currently, every state has set a specific damages cap.

personal injury attorney

The Purpose of Damage Caps

Many people wonder why there is a cap at all. After all, if a jury feels that a plaintiff is entitled to a 5 million dollar award for damages, it might seem wrong that the court steps in and reduces this amount. The existing counter argument is a fairly simple one. Many have come to believe that higher awards place a drag on the economy. These caps are essentially an effort to control the higher costs related to doing business by attempting to reduce a service provider’s liability.

Consider a case involving medical malpractice. If a doctor makes a mistake, the consequences for the patient can be devastating. As a result, a jury might very well have the inclination to award many millions of dollars in damages that are non-economic. In the majority of cases, these damages are paid for by the physician’s insurance company which, in turn, will likely raise the physician’s coverage costs. This may result in the physician passing on these costs to his patients.

Do Juries Ever Go Around These Caps?

Generally, a jury cannot circumvent damage caps, primarily because few juries are even aware of the existence of damage caps. They are not told about these caps (either by attorneys or the judge) since neither wants the jury to base their decision on this cap amount. Juries are instructed to base their award on what they deem as fair. After which, this award amount is modified based on the cap put in place by the state in question.

If you are looking for an Orange County personal injury attorney to discuss these issues with, feel free to contact us.

Related Posts

feature image

Braving the Holiday Traffic

feature image

What is PIP Insurance Coverage?

feature image

How to Safely Drive in Heavy Rain

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.


Waiting until after the holiday's to hire an accident attorney can do more damage to your case than good. If you have been injured in an accident this holiday season and are unsure whether or not to hire an attorney, click the link below.
If you have...

Waiting until after the holiday's to hire an accident attorney can do more damage to your case than good. If you have been injured in an accident this holiday season and are...

Do you ever wonder why your insurance rates keep going up even though you have a perfect driving record? Today, Silverthorne Attorneys goes over some reasons why your insurance rates may be going up. Click on the link below for more information.

Silverthorne Attorneys answers the question: Is Lane Splitting Legal in California. And for most Californian's, the answer may surprise you. Click on the link below for more information and let us know what you think in the comments below!
If you have...

Did you hit your head in an accident and suffer from a concussion? Click on the link below to learn more about alleviating and treating a concussion.
If you have been injured in an accident, contact Silverthorne Attorneys to discuss your case....

Load More...