Civil Code § 3283 – Future Damages
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Civil Code § 3283 – Future Damages
California Law
DIVISION 4. GENERAL PROVISIONS [3274 – 9566]
( Heading of Division 4 amended by Stats. 1988, Ch. 160, Sec. 16. )PART 1. RELIEF [3274 – 3428]
( Part 1 enacted 1872. )TITLE 2. COMPENSATORY RELIEF [3281 – 3361]
( Title 2 enacted 1872. )CHAPTER 1. Damages in General [3281 – 3296]
( Chapter 1 enacted 1872. )3283.
Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof, or certain to result in the future.
(Enacted 1872.)
California Law Summary
This statute authorizes the recovery of damages for future harm that is reasonably certain to result from a defendant’s wrongful act or omission, even if that harm has not yet occurred at the time of trial.
Purpose
To ensure that injured parties are fully compensated not just for past and present losses, but also for anticipated future impacts stemming from the injury, such as ongoing medical treatment, reduced earning capacity, or long-term pain and suffering.
Application
This statute is essential in personal injury litigation where the plaintiff is expected to face continued medical needs, disability, or loss of income over time. Expert testimony (e.g., from doctors or economists) is often used to establish the reasonable certainty of these future damages.
