What Damages are Available in a California Personal Injury Case?
In most catastrophic personal injury cases, a victim may be entitled to monetary compensation for bodily injury and pain and suffering from the person or company whose negligent or wrongful conduct caused the injury. This includes a momentary lapse in judgment, a mistake or simple negligence.
Injuries caused by intentional, willful, wanton or reckless conduct may also allow an injured party to receive punitive damages which are designed to punish the responsible party. Over the past two decades, we've handled both types of case.
The primary damages you may be entitled to if you are a victim of personal injury are called compensatory or actual damages. These damages are intended to provide reimbursement or payment to you for your past and future "out of pocket" expenses or losses. Please keep in mind that an expert is normally required to help prove the full extent of your recoverable damages.
The most common compensatory damages include the following:
Medical Expenses- Past and future bills and expenses for health care services from an ambulance or emergency providers, hospitals, doctors, medication, and related services from nurses or other health care providers related to your injury, care and treatment.
Lost Earnings- If you were unable to work for a period of time after the incident, you are entitled to recover reimbursement of all lost wages.
Impaired Earning Capacity- Any reduction of your ability to earn a living (can't do the same job anymore) is recoverable. In many instances, an expert economist is retained to help determine what the actual loss of income is.
Future Medical Expenses- All reasonably necessary future medical care and treatment is recoverable. Again, this is normally proven with the help of experts.
Pain and Suffering- These damages are awarded to compensate an injury victim for all past and future pain and suffering related to the incident and injury.
Mental Anguish- Personal injury victims who have sustained extreme mental or emotional suffering or distress are entitled to compensation. In some cases, this may also include someone who has witnessed the severe injury or death of a loved one.
Loss of Consortium- If, because of a personal injury, the victim's spouse is unable to enjoy the benefits of marriage (companionship, affection, comfort, or sexual relations), a claim for monetary damages may be sought. Please note that these claims will normally "open the door" to many privacy issues.
Loss of Society and Companionship- In wrongful death cases, these damages are awarded to an heir for the loss of love, comfort, and companionship.
Property Damage- Any property damage to a vehicle or personal items may be recovered by the victim in a personal injury case.
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