If you've been injured in an accident, one of the most pressing questions on your mind is likely about your rights to compensation. Medical bills, lost wages, and emotional distress can quickly pile up, leaving injury victims feeling overwhelmed and uncertain about what to do next. Filing a personal injury lawsuit can help you recover these losses, but understanding the types of damages you may be entitled to is key to navigating this process.
What Are Damages in a Personal Injury Lawsuit?
When someone suffers harm due to another party’s negligence, damages serve as compensation for the injuries and losses they’ve incurred. These damages are typically divided into two main categories:
- Compensatory Damages (to repay the victim for their losses)
- Punitive Damages (to punish the wrongdoer and deter similar misconduct)
Each category can encompass various specific types of damages, depending on the circumstances of your case. Below, we’ll explore these in detail.
1. Compensatory Damages
Compensatory damages aim to "make the victim whole again" by compensating for the losses directly resulting from the injury. These damages are further divided into economic damages and non-economic damages.
A. Economic Damages
Economic damages cover measurable financial losses. These are tangible losses that can be calculated with receipts, invoices, or pay stubs. Examples of economic damages include:
- Medical Expenses
Injuries often lead to costly medical treatments like emergency room visits, surgeries, hospital stays, and ongoing rehabilitation. Compensation may also include future medical expenses if you require long-term care.
- Lost Wages
If your injuries prevent you from working, you may be eligible to recover wages lost during your recovery period. Additionally, if the injuries result in a reduced ability to earn income in the future, you can seek compensation for "loss of earning capacity."
- Property Damage
If your personal property, such as your vehicle, was damaged in the accident, you could recover the cost of repairs or replacement.
- Out-of-Pocket Expenses
These can include transportation costs for medical appointments, the cost of hiring help for household tasks, or purchasing medical equipment.
B. Non-Economic Damages
Non-economic damages compensate for intangible losses that are harder to quantify but no less important. They include:
- Pain and Suffering
Injuries can cause significant physical and emotional pain. While it’s difficult to put a dollar value on this suffering, courts can award compensation based on the severity and long-term effects of your injuries.
- Mental Anguish
Many injury victims experience psychological impacts, like anxiety, depression, or PTSD. Non-economic damages may address these effects.
- Loss of Enjoyment of Life
If your injuries have significantly diminished your ability to enjoy activities or hobbies you previously loved, this loss may be factored into your compensation.
- Loss of Consortium
Serious injuries may also impact personal relationships, particularly with a spouse. Loss of consortium damages compensates for the strain an injury may place on these relationships.
2. Punitive Damages
Unlike compensatory damages, punitive damages are not intended to compensate the victim but to punish the at-fault party for particularly reckless or malicious behavior. These damages also serve as a warning to others to avoid similar conduct. Punitive damages are less common and are typically only awarded in cases of extreme negligence or intentional harm, such as drunk driving accidents or cases of gross medical malpractice.
How Damages Are Calculated
The total compensation you receive depends on several factors:
- The severity of your injuries
- The impact of your injuries on your life
- The cost of medical treatment, both current and future
- The degree of the at-fault party's negligence
- The strength of your legal representation
California operates under a "comparative negligence" system, meaning that your compensation may be reduced if you are found partially at fault for the accident. For example, if you are deemed to be 20% at fault, your total damages award could be reduced by 20%.
Working With an Injury Attorney in Los Angeles, CA
Navigating a personal injury lawsuit can be complex, especially when determining the appropriate damages for your case. Working with an experienced attorney ensures that:
- Your rights are protected: An attorney will fight to get you the compensation you deserve, especially when dealing with insurance companies eager to settle for less.
- Your losses are accurately calculated: Legal experts understand how to present evidence and calculate both tangible and intangible losses to maximize your claim.
- You have peace of mind: Handling a legal case while recovering from injuries can be stressful. A skilled attorney takes that burden off your shoulders.
At McGee, Lerer & Associates, we serve California residents and help them recover compensation after suffering injuries in serious accidents and wrongful death cases. With over 40 years of combined experience, we’ve successfully helped countless clients assess their damages and secure the financial recovery they need to move forward.
If you've been injured in an accident in California, you don’t have to face the legal process alone. Our team is here to provide compassionate guidance and skilled representation, ensuring your voice is heard and your losses are addressed.
Contact McGee, Lerer & Associates today at (310) 231-9717 for a free consultation. Together, we’ll explore your options and help you get the compensation you deserve.