CALIFORNIA—If you are hurt in an accident caused by the negligence of someone else, you might be entitled to receive compensation. While some forms of compensation can cover the cost of medical bills, there are other types of damages you can be awarded during a personal injury case in California. It’s important to understand the differences between the types of damages available. This information can help ensure you receive the right amount of compensation in your personal injury claim.
What Is a Personal Injury?
In the state of California, a personal injury is an injury that is emotional, psychological or physical. This includes any injury that results from the negligence of another person or entity.
Personal injuries can be the result of dog bites, slip and falls and very often car accidents. There are thousands of car accidents each year in California that cause injuries. In 2023, there were nearly 1,300 accidents in just the city of Modesto.
If you are involved in a car accident due to another person’s reckless behavior, you may legally be able to file a personal injury claim against them. If you are injured while at work because your employer failed to provide workers with a safe environment, the circumstances surrounding the incident may provide grounds for a personal injury lawsuit.
The Types of Recoverable Damage in a Personal Injury Lawsuit in California
The damages you may recover are called compensatory damages and punitive damages. Compensatory damages are awarded to a victim and include any losses incurred due to the other person’s actions. Compensatory damages fall under two primary categories: economic and non-economic damages. Some examples of these damages include:
- Medical expenses – Medical treatment damages will reimburse the injured party for their medical bills and projected future medical expenses.
- Property damage – Some examples of property damage include the cost of repairing damaged property (like a vehicle) or the value of any lost belongings.
- Income loss damages – Income loss damages include compensation like lost wages (past and future losses) due to the victim’s injuries.
- Emotional distress damages – Damages due to emotional distress are based on physical injuries or mental anguish.
- Loss of enjoyment damages – These damages compensate the victim for their emotional distress and physical pain and suffering as a result of the accident.
In a case where a family’s loved one is seriously injured or killed as a result of the careless or intentional wrongdoing of another person; the entire family unit suffers. In these situations, relatives may file a “loss of consortium” claim. The intent of this claim is to seek financial compensation for the loss of relationship (affection, support and intimacy) the family had with the victim.
What Are Punitive Damages?
The purpose of seeking punitive damages is to punish the wrongdoer. They also discourage others from engaging in similar behaviors. To recover these damages, you must prove that the defendant’s misconduct was purposeful or that they showed reckless disregard for your safety.
In California, an injured person has two years from the date of the accident to file a lawsuit. In some situations, the deadline can be extended if the person injured is a minor or if they are diagnosed with an incurable disease. If you are seeking compensation due to injury, you should meet with an experienced personal injury lawyer as soon as possible. A personal injury lawyer can provide you with professional guidance, so you fully understand your legal options and receive the compensation you deserve.
