Personal injury cases involve many different types of accidents in which a victim suffers some form of serious bodily injury. With complex laws and liability guidelines, many victims seeking compensation find themselves wondering, “What are the different types of damages you can recover in a personal injury lawsuit in California?” Understanding the role damages play in your claim, as well as what is available to you, can help you secure the compensation you deserve.
At Guenard & Bozarth, our attorneys help victims of personal injury calculate and claim the damages they’re rightfully owed after an accident. Courts want to know the specific harm the injured party suffered, and our team can help you collect evidence and build a powerful claim that demonstrates the accident’s impact on your life. If you’re seeking damages after a personal injury accident in California, our skilled attorneys can represent you throughout the process.
Damages You May Receive From a Successful Personal Injury Claim in California
In 2023, approximately 157,069 individuals were hospitalized due to injuries that occurred during slip and fall accidents in California. Also in 2023, private employers reported approximately 363,900 nonfatal workplace injuries and illnesses in California. Understanding the specific type of personal injury you suffered and the damages available in your unique personal injury case can help ensure your settlement reflects what you’re rightfully owed.
A person who suffers personal injuries during an accident in California can pursue financial compensation for their injuries, emotional trauma, and property damage by initiating a civil claim. The victim who files the civil complaint is known as the plaintiff, and they may request several types of damages. Three main types of damages exist under California law:
- Economic Damages (Special Damages). Special damages, or economic damages, include quantifiable losses in California, such as medical bills, lost earning capacity, and automobile repair bills.
- Non-Economic Damages (General Damages). General damages, also called non-economic damages in California, include intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages. Punitive damages are reserved for cases in which the defendant acted in a malicious or reckless manner. These damages are designed to punish the defendant and deter them from committing the same act in the future.
Differentiating between these different categories of damages is necessary to ensure you request what you are rightfully owed. An experienced personal injury lawyer from Guenard & Bozarth can assess your case and help you identify the damages you deserve.
Supporting Your Personal Injury Claim in California
Personal injury victims in California must present evidence that demonstrates the true extent of their injury and why they’re requesting specific damages. The most common forms of evidence used to support personal injury claims include:
- Medical bills
- Medical records
- Property damage bills, like auto repair bills
- Wage statements
- Photos and videos of injuries, the accident scene, or property damage
- Witness statements
A personal injury victim seeking punitive damages must prove that the defendant acted in a fraudulent, malicious, or oppressive manner. A defendant may not have followed specific practices, policies, and procedures that contributed to the event causing the victim’s injuries. It’s important to note that punitive damages are not as common as economic and non-economic damages, and are only awarded in cases of severe negligence or malice.
Hire a Personal Injury Lawyer Who Can Help You
Suffering a personal injury can cause job loss, lifelong pain, and mental anguish. If you want to seek financial compensation for your injuries, you should hire a Sacramento personal injury attorney who can help you file a claim, represent your rights, and maximize your compensation. A skilled personal injury attorney from Guenard & Bozarth can draft a demand letter, negotiate with insurance companies, and fiercely represent you during litigation.
FAQs
Q: What Are the Different Types of Damages You Can Receive in a Personal Injury Claim in California?
A: Damages available for personal injury victims in California include economic damages, non-economic damages, and punitive damages. Economic damages, also called special damages in California, and non-economic damages, also called general damages, can include coverage of medical bills, lost wages, compensation for pain and suffering, coverage of property damage, and more. Punitive damages are reserved for cases of severe recklessness or malice.
Q: How Are Damages Calculated in California Personal Injury Cases?
A: Economic and non-economic damages in a California personal injury case are typically calculated by examining details such as medical bills, property damage records, the impact an injury has on your daily life, lost wages, and more. Working with a skilled personal injury lawyer can help ensure you request the damages you deserve and maximize the compensation that’s available to you.
Q: When Should You Hire a Personal Injury Lawyer in California?
A: If you were hurt due to the recklessness or negligence of another person, group, or company in California, you should hire a local personal injury lawyer as soon as possible. An experienced California personal injury lawyer can help you understand your rights when filing a claim, assist you in calculating damages, and fight to maximize your compensation. They can also negotiate with insurance companies on your behalf.
Q: How Do Punitive Damages Work in California?
A: In certain personal injury cases, a judge may choose to award punitive damages to a victim. While rare, this occurs when the liable party acted with extreme recklessness or malice or caused severe harm. You and your lawyer may be able to request punitive damages if you have clear evidence that proves the extreme recklessness of the defendant. You should consult your attorney if you believe you may have grounds to receive punitive damages.
Contact Guenard & Bozarth Today to Schedule a Consultation
The qualified personal injury lawyers at Guenard & Bozarth are experienced, knowledgeable, and skilled. We share years of experience fighting insurance companies and securing the compensation our California clients deserve.
If you were harmed in a personal injury accident anywhere in California, contact Guenard & Bozarth today to schedule a consultation and begin building a claim with passionate support.