When to Claim Damages?

A plaintiff becomes entitled to damages in a personal injury claim once a settlement has been reached or after a judgment/award in court. Receiving the damages award and actually collecting the money, however, are two very different things.

What is the rule of damages?

Damages refers to the sum of money the law imposes for a breach of some duty or violation of some right. ... Compensatory damages, like the name suggests, are intended to compensate the injured party for loss or injury. Punitive damages are awarded to punish a wrongdoer.

When can you seek damages?

California's statute of limitations in most personal injury cases is two years. This two-year period applies to claims such as assault, battery and wrongful death. But crime victims often have a shorter or longer period in which to sue.