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Types of Damages in California Personal Injury Cases

Learn about the types of compensatory and punitive damages possible in a personal injury case

When a person is injured as a result of someone else’s negligence, California law provides them with an opportunity to seek compensation via a tort claim. Auto accidents, bus accidents, slip and fall accidents, construction site accidents, and dog bites are all examples of types of incidents that could justify a tort claim.

In a tort claim, the purpose of compensation is to compensate the victim for all the ways the injury has affected their life. In other words, the compensation should restore them as closely as possible to the position they were in before the accident.

In order to accomplish this, two different types of compensation may be needed: economic and non-economic damages.

Economic Damages

Economic damages, aka special damages, compensate the victim for out-of-pocket expenses associated with the injury or accident. This can include both past and future expenses. The most common type of economic damages would be medical bills covering the treatment of any injuries associated with the incident. In the case of a car accident, property damages can also be sought to cover damage to the victim’s vehicle. If the injury is severe enough to keep the victim from working, damages for lost wages would also be appropriate. All of these kinds of damages can be easily documented with bills and pay stubs. However, you don’t necessarily have to have a bill in hand in order to receive compensation for economic damages. In the case of debilitating injuries that cause long-term or permanent disability, victims can seek compensation for expenses like future medical care, rehabilitation, physical therapy, nursing care, and vocational rehabilitation. The value of these damages will be based on estimates made by medical experts.

Non-Economic Damages

Non-economic damages, aka general damages, are designed to compensate personal injury victims for intangible losses associated with the changes the injury has effected in their lives. Types of non-economic damages include pain and suffering, mental anguish, and loss of consortium (loss of a relationship with a partner). These losses are based on the more tangible losses included in the economic damages. For example, if someone has a large medical bill for a serious injury, they are assumed to have a greater amount of pain and suffering than someone with a smaller bill and a less serious injury. Putting a dollar figure on non-economic damages can be quite challenging and requires the assistance of an experienced personal injury attorney.

Punitive Damages

In rare cases, personal injury victims may be able to recover punitive damages. These damages are not designed to compensate the victim; rather they are intended to punish the at-fault party. In California, punitive damages only apply when it can be proven that the at-fault party acted with malice, oppression, or fraud.

Wondering About the Value of Your Case?

If you have questions about the potential value of a personal injury claim, call The Law Offices of Larry H. Parker at 800-333-0000 today. We will provide a free initial consultation and explain the type and amount of damages you may be eligible for.