Damages Available in a California Personal Injury Lawsuit
If you’re filing a personal injury lawsuit in Roseville, California, it’s important to know what you’re actually eligible to recover in terms of damages, which is essentially just another way to say financial compensation. It might even cover more types of damage than you think.
Economic Damages
Economic damages are intended to compensate you for financial losses you can calculate easily. The goal is to restore your financial standing as much as possible to what it was before the incident occurred. Common types of economic damages include:
Medical Expenses
All medical care related to your injury can be included in your claim. This often includes hospital bills, surgery, emergency room visits, and doctor follow-ups. This isn’t limited to initial care. It also covers physical therapy, nursing care, mobility devices, and future medical expenses that may arise because of the accident.
Lost Wages
If you had to miss time at work because of your injuries, you can obtain compensation for the wages you missed out on. This can even include bonuses, commissions, or vacation days you lost because of the injury.
Loss of Earning Capacity
When your injuries make it impossible for you to go back to your previous job or any job at all, you can be compensated for loss of earning capacity. This means you get financial compensation for the difference between what you used to make and what you’re currently able to make going forward.
Property Damage
If any of your personal property was damaged, you can be reimbursed for this. This could be a car if you’re involved in a motor vehicle accident or your bike if you were riding at the time of the incident. It could even include items inside your car or that were in your pockets, like your laptop or a phone.
Non-Economic Damages
Some of the most serious losses you’ll face after an accident can’t necessarily be put into an objective dollar amount. Still, you should be compensated for these difficulties and losses, and a lawyer can help you figure out how to put a number to these. Common non-economic damages include:
Pain and Suffering
Pain and suffering compensation is for the physical pain you’re dealing with because of the accident and your injuries. This could include broken bones, ongoing pain, headaches, or anything that causes you physical pain because of the accident, especially when it affects your daily life.
Emotional Distress
Accidents sometimes lead to emotional challenges as well, and they deserve to be compensated. This can include anxiety, depression, nightmares, difficulty driving if you were in a car accident, and other mental health concerns that might arise because of the incident.
Loss of Enjoyment of Life
These address how your life has changed, what you’re able to participate in and enjoy. If you can no longer spend time with friends, play sports, go hiking, pick up your kids, or participate in other hobbies that you once enjoyed, this could be compensated under loss of enjoyment of life damages.
Disfigurement and Disability
When the accident leads to severe disfigurement, you could be compensated for that. This could come from burns, amputations, or visible scars. Loss of Consortium
These losses recognize how an injury can significantly harm a relationship between spouses and affect intimacy or companionship. Your lawyer can help you and your family determine what this could be “worth” in the eyes of the law.
Punitive Damages
Punitive damages are distinct from the other types of awards, and they exist to punish particularly egregious or dangerous conduct. When it’s determined that a defendant acted with malice, oppression, or fraud, the court can award these.
(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.
If you’ve been involved in an accident and are considering filing a personal injury lawsuit, it’s normal to wonder what damages might be available. The best way to make this determination is to speak with an experienced Roseville auto accident attorney. Contact us today to schedule a free consultation.