How to Recover Compensatory Damages in a California Personal Injury Case
The objective of awarding compensatory damages in a California personal injury case is to attempt to compensate a victim for the injuries and damages he or she suffered as a result of the careless and negligent act or failure to act of another person or entity. In the context of compensatory damages there are economic and non-economic damages. Compensatory damages are sought through an insurance claim or lawsuit.
If you or a loved one is seeking compensatory damages, contact us today for a free consultation and we will explain your rights to you.
What are Economic Damages?
The legal terms “economic damages” and “special damages” are often used interchangeably. They refer to compensation for quantifiable damages with a price tag on them that a victim incurs as a result of becoming an accident victim. Economic damages might consist of items like medical bills, lost earnings or earning capacity, physical therapy or rehab bills, and prescription costs. Any damage to personal property like vehicle repairs is also considered to be in the realm of economic damages. Add those bills up at the end of a case, and you have the economic damages alleged in a claim or lawsuit.
What are Non-Economic Damages?
Non-economic damages are also known as general damages. They’re more difficult to ascertain as they’re subjective and have no price tag on them. These might include the pain and suffering endured by a victim, the nature and extent of any resulting permanent disfigurement or disability, the loss of a normal life, diminished enjoyment of life or even the inconvenience of getting through everything. Take notice that in California medical malpractice cases, the California legislature has imposed a $250,000 limit on pain and suffering awards. This limit doesn’t apply to other types of personal injury cases.
The Statute of Limitations
The only two ways for a personal injury victim to obtain compensatory damages from a person or entity that caused the accident and injuries are through an insurance claim or lawsuit. Nobody is going to show up at the victim’s door with an open checkbook. Liability and damages often arise that operate to devalue a case. An insurance claim is not a personal injury lawsuit. The general rule in California is that a victim of an accident has two years from the dater of the occurrence to file a personal injury lawsuit. Anything filed after two years is likely to be dismissed, and the victim would be forever barred from seeking any compensation at all.
Compensatory Damage Questions & Answers
If you would like to learn more, we have many more articles answering common questions on additional topics related to compensatory damage:
- What is Loss of Consortium in California Personal Injury Cases?
- What is Compromise of a Minor’s Claim in California?
- How to Get Car Repair Bills Paid After an Accident in California?
- How to Get Medical Bills Paid After a Car Accident in California?
- How to Sue for Punitive Damages After an Injury in California
- What is Lost Earnings Capacity in California?
- What is Joint and Several Liability in California?
- What is a Life Care Plan in a California Personal Injury Case?
- What is Lost Earnings in a California Personal Injury Case?
Contact A California Personal Injury Lawyer
If you suffered injuries and damages as a result of the carelessness and negligence of somebody else anywhere in California, contact us at Maison Law for a free consultation and case evaluation with a California personal injury lawyer. If we’re retained to represent you, our objective will be to obtain the maximum compensation that you deserve for your compensatory damages.