What Types of Damages Can Be Recovered in a Personal Injury Case?

When a personal injury case is filed in California, it seeks damages or financial compensation to make the accident victim whole again after suffering losses due to the negligence of another party. If a settlement or judgment is awarded to a personal injury plaintiff, it can cover various losses. Damage awards are categorized into three main types: economic, non-economic and punitive damages.

Economic Damages

Economic damages, also known as tangible or special damages, compensate a plaintiff for specific financial losses caused by the accident and injury in question. Any costs, expenses, bills or receipts related to the incident can be included in a personal injury case in pursuit of an economic damage award.

Medical Bills

Medical costs typically make up one of the largest portions of a settlement or jury verdict. An injured accident victim may be entitled to compensation for every dollar of medical costs his or her injury has and will continue to require. Examples include hospital costs, emergency care, therapy, rehabilitation, medications, medical devices and travel to doctor’s appointments.

Lost Wages

If an injury is severe enough to require the plaintiff to take time off work and lose income or employment opportunities, this can become a compensable loss in a related personal injury case. All wages, earnings, benefits, tips, commissions and bonuses the plaintiff likely would have earned were not for the injury can be included in a lost wage claim. This includes any future lost capacity to earn due to a long-term or permanent disability.

Property Damage

When an accident causes property damage, such as motor vehicle damage in a car accident case or destroyed personal belongings, these can be included in a personal injury claim. Vehicle repair estimates or replacement costs, along with other bills, receipts and invoices, can be used as evidence to seek compensation for property damage.

Non-Economic Damages

Non-economic damages, also called intangible or general damages, compensate a plaintiff for the personal side of a personal injury. They allow for the recovery of “invisible” losses, such as the suffering a plaintiff has undergone from the impact the injury has had on his or her life.

Examples include:

• Physical pain and suffering
• Chronic pain
• Impairment or disability
• Scarring or disfigurement
• Loss of enjoyment of life
• Depression or anxiety
• Sleep problems

Non-economic damages can be difficult to prove, as they do not come with bills or receipts like economic damages. This is where as attorney handling personal injury claims can be useful – to prove intangible losses and fight for maximum compensation for a life-changing injury.

Punitive Damages

Both economic and non-economic damages are compensatory damages, so-named because they are intended to compensate the injured party for losses. However, there is another type: punitive or exemplary damages. Punitive damages serve to punish a wrongdoer for his or her actions and to deter future misconduct.

Punitive damages are less common than compensatory. In California, punitive damages will only be awarded by a court if the plaintiff can prove the defendant’s malice, oppression or fraud with clear and convincing evidence. A personal injury attorney can submit a claim for punitive damages on your behalf, if appropriate, to help you fight for maximum compensation.