What is the test for a statement of damages in a personal injury action?

California, United States of America


The following excerpt is from Candelaria v. Avitia, 219 Cal.App.3d 1436, 269 Cal.Rptr. 32 (Cal. App. 1990):

There is need for a statement of damages as provided in section 425.11 because under section 425.10, 2 a complaint for personal injury or wrongful death cannot state the amount of damages claimed, the reason being "to protect defendants in personal injury and wrongful death actions from adverse publicity resulting from prayers in complaints, particularly malpractice complaints, for greatly inflated damage claims bearing little relation to reasonable expectations of recovery." (Plotitsa v. Superior Court (1983) 140 Cal.App.3d 755, 759, 189 Cal.Rptr. 769.) The statement of damages therefore gives the defendant the information on the amount claimed which he or she cannot find in the complaint.

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
In a personal injury action, how have attorney fees been awarded in personal injury cases? (California, United States of America)
In a personal injury action brought by a trucking business, can an insured assign attorney fees as damages as damages incurred in obtaining benefits from an insurance policy that were denied as a result of bad faith? (California, United States of America)
When a personal representative is substituted as a party to a personal injury action, is the personal representative required to present a claim under section 709 of the California Motor Vehicle Act? (California, United States of America)
In a personal injury action, can a defendant rely on a statement in its minute order to the effect that there had been a failure of proof of the amount of damages? (California, United States of America)
Does Section 204 of the California Labor Code, section 204(1) of the Code of Civil Procedure, allow for personal injury damages to be sustained in a personal injury case? (California, United States of America)
Is a tort action for bad faith and fair dealing an action for personal injury? (California, United States of America)
How much damages can a plaintiff plead in a personal injury action? (California, United States of America)
Does a declaratory relief action have to be tried before the trial of a personal injury action? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.