Types of Damages in Personal Injury Cases

When you’ve been hurt in an accident caused by someone’s carelessness, you may be considering filing a personal injury case. If negligence is a factor, you may be able to recover compensation for the expenses or damages that you have incurred from this ordeal.

Known as compensatory damages, California law allows you to collect these awards as the victim of a personal injury accident. There are two types of damages that may be applicable to compensate you for your injuries. These damages are intended to help make your life whole again in a financial way.

Injury victims are often stressed, especially when their financial situation is already difficult. Adding these injuries and other unexpected expenses to monthly household bills could put you deep into debt. By pursuing compensation when you have been injured by someone else, you will keep from shouldering this burden.

Economic Damages

Economic damages are the easiest to understand as they are the damages you’ve incurred that come with bills and receipts, giving a specific financial figure. These damages will typically include your medical bills, out-of-pocket expenses due to the injury, and lost wages.

Certain situations may permit filing for future medical expenses. If your injuries will require ongoing care, your attorney can calculate these costs into your damages. The same may be true for future earnings. It will take expert witness testimony and physical evidence to prove your anticipated future medical costs and lost income.

Non-Economic Damages

While economic damages can be shown through bills, receipts, and other concrete items, non-economic damages are intangible losses you incur. You may experience physical pain and suffering from the injuries caused by your personal injury accident.

Additionally, the physical pain you endure on a daily basis along with the trauma of the accident could cause you to feel emotional distress. This can manifest as anxiety, depression, post-traumatic stress disorder (PTSD), and other conditions.

The agony of suddenly having permanent disabilities, impairments, or disfigurements may affect your life, too. You may no longer be able to enjoy the things you once loved such as hobbies, sports, or playing with your kids or grandkids. Overall, if an accident causes you diminished quality of life, you can seek these damages in your personal injury case. An attorney will have the experience to know how to prove your non-economic damages to the insurance company, judge, or jury.

When Are Non-Economic Damages Typically Awarded in Personal Injury Cases?

Arguably, you could seek non-economic damages in any personal injury case. Most often, it will come down to the severity of your injuries. There are exceptions, though. Even victims who have minor injuries can experience psychological impacts in the aftermath.

In most cases, though, the more severe the injuries, the more likely you will be to receive non-economic damages. These are typically awarded in cases involving drunk driving, defective products, rideshare accidents, pedestrian accidents, slip and falls, and bicycle accidents.

What Are Punitive Damages?

There may be the possibility that your personal injury case will involve punitive damages. The courts generally reserve such damages when the defendant’s actions were malicious in intent or grossly wreckless with the hopes of deterring others from behaving in a similar fashion.

There isn’t a set formula for determining the amounts of punitive damages for California personal injury cases. This will usually come down to the jury to consider how reprehensible the defendant’s behavior was in causing the injuries to the plaintiff. These will not exceed four times the amount of the total compensatory damages. In most cases, there are no caps on the amount of punitive damages that can be awarded.

What to Do Next When You Have a Personal Injury Case

Personal injury cases can become incredibly complex depending on the factors involved. There may be multiple at-fault parties for your injuries. You may need an array of expert witnesses to testify on your behalf.

Additionally, you may be offered a settlement that is not enough to cover the financial losses you’ve already incurred. Don’t make the mistake of taking a check that hasn’t fully calculated your future medical expenses and future loss of income.

With a personal injury attorney, you will have someone to advocate for your legal rights and make sure that what you are offered is a fair amount. They will also be aware and compliant with all time limits to ensure your lawsuit is filed before the statute of limitations runs out.

Most attorneys offer a free initial case evaluation, which is a great opportunity for you to discover more about your legal options. You should work with an attorney who has experience in representing cases similar to yours to ensure you’re getting the right legal representation.