What Damages Are Available for Compensation in a California Personal Injury Case?
Have you been injured by another person or organization in California? California law is designed to help you get back on your feet and make you “whole,” and if not literally then monetarily. A full range of damages is available to compensate you. You may be entitled to file a claim or lawsuit to obtain damages.
But what are those damages? What can you actually be compensated for after a personal injury caused by another person or entity’s negligence, recklessness, or intent? Here, we provide the answer to that question, but as you may know, each case is different. Not all damages may apply in your unique situation. Contact us so that we can put you in touch with a personal injury lawyer in Los Angeles who will outline what you can demand in terms of compensation and who will let you know if there are any additional damages or remedies you can seek.
What Damages Can You Demand in California Personal Injury Cases?
Damages is a legal term in California personal injury cases that refers to monetary compensation for the costs of an injury or harm a party suffers. There are two types of damages:
A) Compensatory (also known as actual damages); and
B) Exemplary (more commonly known as punitive damages).
As the names reflect, compensatory damages are meant to compensate the injured party for bodily harm or property damage while exemplary damages are meant to punish a person, organization, company, or agency for its wrongdoing and prevent it from reoccurring.
Compensatory Damages
Compensatory damages are damages accompanied by a price tag or a value that can be calculated using evidence and expert testimony. In order to obtain compensatory damages, your attorney must prove the elements of the case by a preponderance of the evidence. This simply means that you were more likely than not harmed by the defendant’s actions.
Compensatory damages are divided into two categories:
1. Economic damages (also known as special damages); and
2. Non-economic damages (also known as general damages).
Economic Damages
Economic damages cover the actual cost of the original injury. These damages compensate you for things like:
- Medical care and related expenses
- Medications
- Future medical expenses
- Ongoing treatment or therapy
- Lost income
- Future lost income
- Loss of future earning capacity
- Assistance with daily activities (including the cost of obtaining substitute domestic services, household help, etc.)
- Transportation and rental expenses
- Out-of-pocket expenses
- Property damage.
Medical Expenses
When it comes to medical expenses, there’s a lot that can be considered. You should be compensated for any medical expenses already paid and what is to be anticipated. Much of your future medical costs will be an estimate and takes into consideration your injury’s prognosis and any complications or ongoing, long-term treatment.
Medical expenses can include but are not limited to:
- Medical care, appointments, and treatment
- Diagnoses (including MRI, X-Ray, CT Scan, blood test, and other tests)
- Therapy
- Medications, prescriptions, and medical devices
- Over-the-counter medicine.
Transportation costs to and from doctor appointments.
Many so-called alternative therapies such as massage are usually not compensable.
Lost Wages / Lost Income
When it comes to lost income, it’s not just your wages or salary that is considered as damages. Benefits you lose out on are also factored into the final value. Benefits include but are not limited to:
- overtime you typically worked in a week or during busy seasons;
- paid time off (sick or vacation) that you lost or will lose;
- bonuses and commissions you missed out on while recovering;
- stock or stock options;
- profit-sharing plans;
- any type of allowance (e.g., gas, food, housing); and
- retirement fund contributions (e.g., a pension fund or 401k).
Also, if you can’t return to your same job after recovering because you can no longer perform the job due to the injury, you are entitled to loss of earning capacity. This is the difference between what you would have earned but for the accident and subsequent injury and what you will now earn because of the injury.
Property Damage
If there was any property damage (e.g., you were in an auto accident and your car was totaled, or your rental, towing, and storage fees), you will be compensated for this loss. Property damage can include repair or replacement expenses for things like vehicles, fences, or other damage to any property belonging to you.
Talk to an attorney today. Your free, private, and personalized case evaluation awaits.
Non-Economic Damages
Non-economic damages are not as easily monetized; they are intangible. Non-economic damages compensate you monetarily for the pain and suffering you endure, the emotional distress and mental anguish you experience, and the loss of the ability to enjoy life and family, among many other losses. Here’s a brief overview of non-economic damages and what they mean.
Pain and Suffering
Pain and suffering refer to the actual degree of pain you suffer from the injury at the time of the accident, after the accident, and potentially ongoing. For example, you may have suffered multiple fractures. This type of injury can be severely painful and can be accompanied by long-term complications and chronic pain.
Emotional Distress & Mental Anguish
You may suffer emotional distress from the injury you suffered. This is particularly true when you have endured a physical impairment or disfigurement. Not only is the injury painful, but it can be psychologically traumatizing. As such, it can lead to post-traumatic stress disorder or other emotional and mental issues.
Loss of Enjoyment
Life is meant to be lived, but sometimes an injury can interfere with that. Maybe you played a certain sport competitively (or even recreationally) and now your injury prevents you from ever playing that sport again. You can’t walk your dog anymore or you can’t take your child swimming anymore. This all impacts your overall day-to-day living or quality of life and must be compensated at least in monetary terms.
Loss of Consortium
Loss of consortium is about your loved ones and how you are able to interact with them. It’s about a spouse’s relationship with each other and the ability to show love and provide companionship. It’s also about your ability to perform spousal and household duties and raise a child. If your injury interferes with these things, you can be compensated for it.
Non economic damages include but are not limited to physical impairment, difficulty to move, scarring, disfigurement, disability, losing a limb, losing an organ, injury to reputation, humiliation, embarrassment, inconvenience, nervousness, apprehension, worry, fright, terror, ordeal, mortification, indignity, shock, stress, anxiety, grief, psychological trauma, mental suffering, insomnia, loss of companionship, loss of quality of life, and loss of society. You can read more about non-economic damages in the following page.
Exemplary / Punitive Damages
Exemplary damages are not awarded in every personal injury case. These are not damages that are meant to make a victim “whole” again but are damages to punish the wrongdoer and deter the wrongdoing. According to California Civil Code 3294, only cases where malice, fraud, or oppression are present and proven with clear and convincing evidence will punitive damages stand a chance. Though not defined specifically by California law, “clear and convincing evidence” is a higher burden of proof than a preponderance of the evidence but is not as high a burden required in criminal cases where a defendant must be proven guilty beyond a reasonable doubt.
California courts look to three factors when awarding punitive damages:
1. The defendant’s conduct;
2. The extent of the plaintiff’s injury and compensatory damages awarded; and
3. The defendant’s financial condition.
For example, an injury caused by a car accident would not normally be subject to punitive damages unless the at-fault driver was driving recklessly. Consider a person who was speeding through town where a large number of pedestrians are and knew his actions carried a high probability of someone getting struck but he sped anyway. A pedestrian was struck and will never walk again. The victim of this pedestrian accident files a lawsuit against the reckless driver. The latter is an actor with a lot of assets. The court grants high amount of punitive damages.
How Are Damages Calculated in California?
For starters, a jury cannot consider the parties’ wealth or poverty when it calculates the value of the damages. Second, your damages must be proven before calculation. Economic damages are determined by evidence of lost work, medical bills, other relevant invoices or bills, and expert testimony. Non-economic damages are proven by the same, but may also include the testimony of friends and family, social media posts, videos, etc. to show how your life and/or the life of your loved ones have changed because of the injury in issue.
Are There Any Caps to Damage Awards in California?
Many states cap damages at a certain amount, but California does not. There are a few exceptions:
- According to California Civil Code § 3333.2, non-economic damages in medical malpractice cases are capped at $250,000 unless the medical professional or entity acted recklessly or intentionally.
- According to California Civil Code § 3333.3, no damages are awarded to persons injured while committed a felony even if that injury was caused by another person or entity.
- According to California Civil Code § 3333.4, non-economic damages are generally not awarded to convicted DUI drivers or uninsured vehicle owners and drivers.
Retain a Trusted, Smart Personal Injury Attorney in Los Angeles Today
If you have been injured by another person, company, organization, or agency, then you have options to obtain financial security. An unexpected accident can turn your life upside down. Get the legal representation you deserve. Contact us today.
