What is the test for damages that can be recovered in a motor vehicle accident?

California, United States of America


The following excerpt is from People ex rel. Department of Public Works v. Ayon, 5 Cal.Rptr. 151, 54 Cal.2d 217 (Cal. 1960):

But such damages cannot be recovered until they have occurred. They may never occur. Until they have occurred such damages are purely speculative, and, as was held in People ex rel. Dept. of Public Works v. Schultz Co., 123 Cal.App.2d 925, 935, 268 P.2d 117, 124, '(r)emote, speculative, or conjectural elements of damage cannot be submitted to or considered by the jury.'

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