| California voters passed Proposition 213 in 1996 | | | | consume a lot of time and money during litigation. |
| amid a heated and protracted legal battle through | | | | That fact played an important role in the passing |
| the courts that caused people on both sides of | | | | of Prop 213, as judicial expedience took |
| the issue to become entrenched in their positions | | | | precedence over justice. |
| and refuse to see the perspective on the other | | | | This movement was an incredible departure from |
| side. | | | | the normal sense of just compensation, and the |
| In order to properly understand the long-term | | | | law failed to account for people who had lapses in |
| ramifications of this controversial piece of | | | | insurance due to conditions beyond their control or |
| legislation, it helps to have a background in the | | | | knowing. The law did still allow people who were |
| economic climate that led to its passing. At the | | | | passengers in the uninsured car to collect |
| time Prop 213 came to exist, people throughout | | | | non-economic damages during litigation, provided |
| the state of California were more or less | | | | they could demonstrate that they did not own |
| exasperated with the uninsured drivers on the | | | | the car in question. |
| roads of the state causing accidents that they | | | | An additional proviso also allowed uninsured |
| could not compensate the people they affected | | | | motorists to collect non-economic damages |
| through their negligence. | | | | against the person who caused the accident if |
| In order to counteract this situation, voters | | | | during the course of the investigation law |
| determined that people driving without insurance | | | | enforcement discovers the other party was |
| that were involved in a car accident that wasn't | | | | under the influence of drugs or alcohol and it's |
| their fault on California roads could no longer take | | | | proven in a court of law. This ruling also affects |
| legal action to recover non-economic damages | | | | the passengers in the victim's car as well. |
| against those that caused the injuries. | | | | What does Prop 213 Mean to you? |
| What are non-economic damages? | | | | What this means for you and your personal injury |
| Non-economic damages are any damages that | | | | car accident attorney is that you need to be |
| aren't directly associated with medical bills, hospital | | | | aware of this law and how it affects your |
| stays, or the so-called "costs" associated with an | | | | situation. Without a proper understanding of this |
| accident injury. Things such as pain and suffering, | | | | complex law and how it affects your case, you |
| lost wages and emotional distress fall under the | | | | could significantly imperil a reasonable and just |
| umbrella term non-economic damage, because | | | | outcome for your claim. |
| while they may most certainly exist, they can be | | | | Talk with your car accident lawyer, and be sure |
| difficult to prove in a court of law and generally | | | | to be open and honest during your communication. |