Damage Caps Present in Car Accident Claims

When you have been injured in a car accident and suffered a wide array of losses, you might wonder what damages you will be able to collect. On top of that, you might be concerned about whether or not the damages that you are awarded will cover all of your losses. The amount that you receive on some damages might be endless while others are limited through something known as ‘damage caps.’

Why Do States Limit Certain Damages?

Damage caps refer to the number of damages that a jury is able to reward to a person regardless of the circumstances leading to the accident. When you receive property damage and injuries due to a collision, you are typically able to recover up to any amount until all of these aspects are covered. You should not be financially liable for the damages that you have not caused. However, some aspects like pain and suffering and emotional damage can be limited no matter how severe they are.

The reason why damage caps have been introduced in many states is that the law wants to keep the justice system fair and even for all who endure it. They also want to protect against those who might be faking their damages just so that they can get as much as possible for their emotional damages. It is necessary for some states even when it seems unfair. If there were no damage caps, the everyday consumer would pay more in out-of-pocket costs, and insurance payments.

What Types of Damages Are Typically Capped?

Damage caps are applied to certain damages more than others. Here are some of the most common that fall victim to damage caps:

Medical Bills: The cost of medical bills in the U.S. are always rising, which means that they are more expensive than most damages. Though most of your medical bills will be covered, this might not be the case if they go over a certain amount.

Psychiatric Treatment: There is treatment available for psychological trauma caused by an accident. However, there are also damage caps placed on how much a person will be able to receive for these damages.

PTSD: Many people are aware of the fact that the aftermath of being involved in a car accident can be powerful and incredibly traumatic. This could manifest into a medical issue known as PTSD, which is a psychiatric disorder that people experience once they have gone through a traumatic event. Depending on the cost or extent of these damages, a victim might find that it is difficult to recover what they believe is owed to them. 

Loss of Affection: There are damage caps on the loss of affection or consortium damages. These are a type of emotional damage that a spouse might claim after their loved one is injured in a serious car accident.

Speaking with a Skilled Personal Injury Attorney 

The aftermath of a car accident can be a challenging thing to face on your own. Our skilled car accident attorneys in Florida at Sheftall & Associates can help give you insight on your claim and what damages you may be entitled to. We will help you recover for aspects like lost wages, medical bills, pain and suffering, and more. Please contact our law firm at (904) 638-7712 to find out what options are available for you.


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