Learn what types of damages you may be able to receive after a personal injury
Personal injury damages generally fall into three categories: economic damages, non-economic damages, and punitive damages.
Economic Damages
In a personal injury lawsuit, economic damages are meant to compensate the victim for the out-of-pocket expenses they have incurred or will incur as a result of their injury. These kinds of damages are easy to measure and identify and are always objective.
Economic damages may include:
- Lost wages
- Loss of future earning capacity and/or future employment
- Present and future medical expenses
- Loss of Property
- Costs for repairs to any property damaged in the accident.
Non-Economic Damages
Non-economic damages or general damages are somewhat subjective as they account for the emotional and psychological aspects of the injury as well as pain and suffering. It’s often not easy to measure general damages, and under California personal injury law, there isn’t a standard damages value placed on them. Instead, non-economic damages are typically calculated by totaling up the economic damages and then multiplying by a factor based on the severity of the injury.
In calculating non-economic damages, certain things are considered:
- Physical pain and suffering
- General quality of life after the injury
- Loss of companionship
- Disability and impairment of future quality of life
- Emotional distress, which may include anxiety, grief, anger, etc.
Punitive Damages
Unlike other damages, the primary purpose of punitive damages is not to compensate the victim of the injuries. The victim may receive some of the damages, but their main purpose is to punish the at-fault party and deter future bad behavior.
Cases that include punitive damages often receive extremely high monetary awards. The amount of punitive damages is typically reached by adding together the non-economic and economic damages and multiplying them by a number decided on by the court.
Limitations on Damages
Depending on what type of personal injury claim you have, the total damages awarded may be limited.
For example, in a California medical malpractice case, damages are capped by the Medical Injury Compensation Reform Act at $250,000.00 if the claim is based on negligence.
California also places a general damages cap on uninsured drivers, even if the uninsured driver is not at fault. If you or your loved one is an uninsured driver, this may put you at a disadvantage in a personal injury case because you will be unable to receive compensation for pain and suffering, emotional distress, etc. These damages generally are a significant part of a total damages award.
Punitive damages are also capped at the federal level. The U.S. Supreme Court has capped punitive damages at a maximum of 9 times the economic and non-economic damages combined. In California, this cap is the legal precedent that is used in the courts.
If you or a loved one has been injured you should consult a qualified personal injury attorney to make sure you receive compensation for all the damages you or your loved one is entitled to. You can trust The Law Offices of Larry H. Parker to fight for you. Call us at 800-333-0000 for a free consultation.
