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What Types of Compensation Can Be Recovered in a Personal Injury Lawsuit?

What Types of Compensation Can Be Recovered in a Personal Injury Lawsuit?

These types of cases are not criminal cases, but rather civil lawsuits. No one is found guilty. However, the at-fault party could be found liable for an injury and may be ordered to pay compensation to the victim as a form of justice served.

Compensatory damages are meant to help make the victim whole again and aim to return the victim to their state prior to the accident. Compensation is broken into two types of damages: special damages and general damages.

If you have been injured because of another’s negligence, our committed personal injury attorneys in Los Angeles may be be able to help you receive justice and compensation through a personal injury lawsuit.

We will work to recover the compensation you deserve by obtaining evidence to construct a case that proves the other party is liable for your injury. 

Special Personal Injury Damages

Special damages are monetary losses that directly resulted from the injury. They are easily documented and calculated and generally fall into four categories:

1. MEDICAL EXPENSES

Medical expenses include all costs related to medical treatment associated with the injury, including past, present and and future expenses, if applicable. This type of compensation provides a reimbursement for injury-related expenses that began just after the injury first occurred. Medical expenses may include:

  • Doctors’ bills
  • Ambulance costs
  • Hospital bills
  • Lab tests
  • Imaging
  • Specialty equipment or care
  • Long-term care

2. LOST WAGES

Lost wages include any earnings a victim was not paid because he or she was unable to work because of an injury. It includes past, present and future wages, if applicable. Your employer can verify the total compensation you have lost due to missed work by providing your normal rate of pay and the hours you missed.

3. ADDITIONAL COSTS

This includes other costs related to the injury, such as prescribed medication, medical devices, gas and parking for traveling to and from medical appointments, rental car fees, and other costs incurred because of your injury. You should keep receipts to verify these costs.

4. DAMAGE TO PERSONAL PROPERTY

This includes monetary losses associated with personal items that were damaged in the accident. This includes repair bills for your vehicle, fair market value for a totaled vehicle and reimbursement for personal property damaged in the accident. It can also include smaller personal items, such as a laptop, cellphone or jewelry. Keep receipts or generate estimates as to their value.

If you have been in an accident contact Fair Cases Law Group for a free consultation. A free consultation means you can get a better idea of what your claim might be worth without any cost to you.

To learn more about how we can help as your attorney, please call us at (833) 324-7111 and request a free consultation.

GENERAL PERSONAL INJURY DAMAGES

General damages are not easily calculated. They are not always awarded in settlements or court documents, but if they are, their value is open to interpretation by the court. Some common forms of general damages include:

1. PAIN AND SUFFERING

Pain and suffering compensates the victim for pain and discomfort suffered due to the accident and resulting injury. It includes the suffering a victim has already encountered and can also include additional pain and suffering that will result from future treatment.

The value of these damages depends on the type of injury, the recovery period and if suffering will be ongoing. Pain is different from one person to the next, and compensation amounts vary greatly.

2. EMOTIONAL SUFFERING

Victims may also be able to recover compensation if they have suffered emotional or psychological distress from the accident, including depression, anxiety, fear, insomnia and other clinical conditions. In most cases, a psychologist or psychiatrist will submit a narrative detailing your diagnosis and prognosis to demonstrate the severity of your distress.

3. LOSS OF ENJOYMENT OF LIFE

Loss of enjoyment refers to present and future activities that you will not be able to pursue due to your injury. This includes exercising, hobbies, seeing friends and other activities. This compensation reflects how your life has been negatively impacted by your injury. Emotional testimony will describe how your life was before the accident, to indicate the severity of your loss.

4. LOSS OF CONSORTIUM

Loss of consortium refers to the loss of intimacy and companionship due to a severe injury or loss of a spouse or significant other.

5. PUNITIVE DAMAGES

These damages are designed to punish the behavior of the liable party and to warn others from engaging in similar behavior. Punitive damages are rarely awarded and require the victim to prove the at-fault party acted maliciously or with extreme recklessness.

In California, punitive damages are governed by California Civil Code section 3294(a), and stipulates that such damages are only in play in cases where the defendant exhibited not only the negligence common in car accident claims, but further exercised “oppression, fraud, or malice” against the victim.

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We will also help you see the right doctors, repair or replace your vehicle, gather documentation for your injuries and losses, and arrive at a full and fair figure for compensation.

CONTACT FAIR CASES LAW GROUP TO FIND OUT IF YOU ARE ENTITLED COMPENSATION

The Los Angeles personal injury lawyers at Fair Cases Law Group are familiar with the many types of compensation available through a personal injury lawsuit. We will work to help make sure you receive the maximum amount you deserve for your injuries.

We will also advise you of how your recovery could be limited by the state’s comparative negligence rule and will make sure you are not blamed for more than your share of fault.

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