Legal Question in Civil Litigation in California

Defendant's ability to pay is of little "legal" consequence if you decide to file a civil action, but it IS a real issue to consider if you are looking to collect money.

You are confusing what the verdict could be and what amount could be successfully enforced. Not knowing any details of the incident, I of course can not comment on what the verdict might be. You can protect some of your income as the laws protect a portion s ltha yo can live. You could file for bankruptcy and discharge the entire debt.

Actually, judgments for many forms of intentional acts that harm others are not dischargable in bankruptcy. The defendant would have to consult with bankruptcy counsel to see if what they did can be discharged. The other attorneys are right that the measure of damages has nothing to do with the defendant's income or assets, unless there are punitive damages to be awarded. Compensatory damages are based on the harm done, not the ability to pay.

There are no limits. The case value is up to the jury, without regard to defendant's finances.

The plaintiff could be awarded his medical costs, lost income, and all other out-of-pocket costs, plus damages for pain and suffering -- both that he has already endured and that he will endure in the future. The defendant's financial situation has no impact on the amount of these damages the judge or jury can award, but it will affect the plaintiff's ability to collect.

The defendant's financial circumstances matter if the plaintiff is seeking punitive damages and/or certain types of attorney fee awards. Other than that, they are irrelevant to what the judge or jury may award.

Finally, I agree with Mr. McCormick's comments about bankruptcy. Debts incurred through intentional misconduct often cannot be discharged in bankruptcy. Since you refer to "an act of violence", the defendant seems to have acted intentionally. The resulting damages likely would not be dischargeable. You may want to discuss this aspect of your question with a bankruptcy lawyer.

I agree with Mr. Hoffman, but you have to actually file a formal objection to discharge to prevent a discharge in bankruptcy.

The only relevance the wealth of the defendant has is to punitive damages. The wealthier the defendant, the higher the punitive damage award.