Types of Personal Injury Compensation

Reviewing the types of personal injury compensation can help you determine a lot of factors within your case.

Learn more here.

Introduction

Every year, thousands of individuals are injured in accidents resulting in unexpected expenses and unexpected life changes. To get compensated for this, a personal injury claim is filed. Though the amount and type of compensation you will be eligible for will vary based on your case.

If you have been injured in an accident and have filed a personal injury claim in California, then you may be wondering what your compensation may look like. After all, you are asking the court to award damages as a means of repaying you for all you lost as a result of the accident or injury. Here, there are two main types – compensatory and punitive. Let’s take a closer look at each.

Compensatory Damages

Compensatory damages are those damages that you seek when you want to be repaid for any financial losses or costs that are directly related to the injury caused by the accident. These can be both economic or non-economic damages.

Economic damages include those such as medical expenses, loss of income, and even property loss whereas non-economic damages can include pain and suffering, loss of consortium, emotional distress, and even loss of enjoyment of life.

Keep in mind that the idea behind filing a personal injury case is not to make the other party pay for what they did as this is not a means of punishment. Rather, it is a way for the injured to feel as normal and whole as possible.

Medical expenses. Hospital and rehabilitation bills can add up quickly when you are injured- and are often directly related to the extent of the injury. Past and present medical expenses are examined and close communication with experts in the field will help determine what future expenses may be.

Loss of income. Being out of work due to the accident can lead to loss of income and economic hardship on your family. What’s more, your injury may even prevent you from doing the job you had before the accident. The reduction in wages, loss of income, and loss of earning capacity are all taken into consideration when seeking damages.

Loss of property. If your car, home, or other personal belongings were damaged as the result of the accident, then you will want to be compensated for them. Generally, you should be entitled to the fair market value of the property.

Loss of consortium. When an individual in a relationship is injured in a manner that no longer allows the showing of love, affection, companionship, intimacy, and other things that take place between a couple, this counts as loss of consortium. The non-injured partner is losing the life they had with their now-injured partner.

Emotional Distress. The effects of the accident can impact your life in a non-tangible way, such as emotionally. Things like PTSD, anxiety or panic, fear, sleep disturbances and more can cause psychological issues that have a negative impact on your life. Working with experts, your attorney will be able to put a monetary value on this emotional distress in order to seek compensation.

Loss of enjoyment. It is hard to put a price tag on joy. But if there were things you once loved doing, but can longer do because of your injury, then you may be entitled to compensation. For instance, if you were an avid hiker, dog walker, or even painter and you can no longer do these things, it impacts your life  – and you can lose your enjoyment of it.

Working with an experienced attorney, you can get a better understanding of the types of compensatory damages you may be eligible for.

Punitive Damages

Punitive damages, sometimes referred to as exemplary damages, are quite different from compensatory damages. Depending on the situation and the actions of the defendant, it is possible that the court may determine that punishment is needed. The amounts awarded as punitive damages are in addition to the above compensatory damages.

According to California law, in order to determine whether or not you have a valid claim for punitive damages, the court is required to make sure the following three things are addressed:

• Did the person responsible for the injury acted maliciously?
• Is there any sign of remorse?
• What will it take to deter the person from injuring someone else the same way in the future?

Not every personal injury case will result in punitive damages. Your attorney will be able to help guide you on whether or not it is something you should pursue.

A Limit on Personal Injury Compensation

For those who have had their lives significantly impacted due to an accident and someone else’s negligence or malicious behavior, it is comforting to know that California law does not limit the amount of compensation you can receive in a personal injury case. The judge and jury will work to ensure you get a fair compensation without having to worry about staying within any limits.

Unfortunately, there is an exception as the law relates to medical malpractice in California. Seeking compensation due to injury in such a case is limited to $250,000 for pain and suffering as well as other non-economic damages.

The Need for a Personal Injury Attorney

As you can tell, not all personal injury compensation comes with a distinct monetary amount. It takes a very experienced personal injury attorney to give value to the case so you know what you can fight for. Your attorney will have a network of experts and extensive knowledge about determining values of cases – and how to ensure you get the maximum amount.

Getting injured as a result of someone else’s actions has the ability to change your life. California law allows you to take steps to find healing as you try to piece your life back together. This is what personal injury law is all about – it is intended to get you what you need to make yourself whole again after the injury. Hire a personal injury attorney today so that your rights are protected and you are awarded fairly and justly.