Legal Question in Business Law in California

How much can somebody sue for a minor head injury?


Asked on 8/27/12, 8:05 pm

3 Answers from Attorneys

Seth Wiener Law Offices of Seth W. Wiener

You will need to provide a statement of damages that lists the amount of lost past and future wages, past and future medical expenses, and pain and suffering damages. Subject to some exceptions, there is no limit on what you can claim for pain and suffering.

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Answered on 8/27/12, 8:58 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your question reveals a basic and commonplace misunderstanding about lawsuits.

A lawsuit for a minor head injury, like almost any lawsuit, can ask for huge damages -- billions of dollars, perhaps.

When a lawsuit goes to trial, however, the judge or jury will award damages based upon proof. If you sued for $2 billion, but proved only that you had to take five one-cent aspirins and applied one eight-cent Band-Aid, the judge or jury might award you thirteen cents.

This is a gross oversimplification of the lawsuit writing-filing-trial-and-award process. In reality, it is much more complex. However, the answer to your question is basically that the sky's the limit on what the plaintiff can ask for, but what they'll get is what they can prove was their actual damages.

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Answered on 8/27/12, 9:01 pm

$1,000,000,000,000,000,000.00 Of course unless you have suffered actual damages worth that, you won't get it. Mr. Whipple gave you a good answer. You can sue for whatever you want to ask for, but you won't get anything more than the reasonable value of your loss.

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Answered on 8/28/12, 12:56 am


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