One of the most crucial aspects of collecting maximum compensation for your injury accident is understanding all of the different types of damages that are available to you. If you believe you can merely seek restitution for your medical expenses, you will be missing out on important categories of damages.
Under California law, accident victims are given fair compensation for a wide range of losses. You may be able to recover from financial losses, but emotional losses may not be recoverable. To ensure that you receive all of the damages you are entitled to, you must work closely with your personal injury attorney.
Damages That can be Awarded in a Personal Injury Case
In a personal injury case, a plaintiff can receive many types of damages.
Medical Bills
You should not make the mistake of thinking that your medical losses are limited to emergency room fees. Any medical bills that you have incurred as a result of the accident are some of the types of damages that you can recover in a personal injury case.
If you require physical therapy as a result of your injury, all of your physical therapy expenditures will be considered. Those fees count if you need follow-up appointments to build a long-term care plan. Even medical gadgets like wheelchairs are eligible for reimbursement. Make sure to consider all of the following forms of medical losses while evaluating your claim:
- Emergency medical care
- The need for urgent care
- Care from all professionals including nurses, assistants, technicians, and doctors
- Diagnostic costs
- Expenses of home health care
- Therapy that involves physical activity
- Surgical costs
- The cost of other rehabilitation services
- Mobility devices
- Medical supplies like bandages, wraps, and braces
- Prescription medication
The Pain and Suffering
Experiencing physical pain is painful. It is likely that you will endure discomfort and pain for some time. The purpose of receiving a monetary award for pain and suffering is to compensate the plaintiff for the pain he or she endured. However, it is impossible to eliminate your pain completely. Nevertheless, the justice system can only offer you money in exchange for your physical suffering.
According to the extent of your physical injuries, you may be able to claim compensation for pain and suffering. In case your injuries are minor, and you are able to recover from them in a short period of time, you may only be entitled to receive half of your medical damages like pain and suffering compensation. You may be entitled to more pain and suffering compensation if you are injured severely and suffer long-term consequences. Having an attorney assist you with valuing your pain and suffering can be immensely helpful.
Having an Emotional Breakdown
You’re probably in a lot of pain and suffering, but you’re also in a lot of emotional pain as a result of your injuries. You may experience fear, anxiety, or post-traumatic stress disorder following an accident. There are numerous ways in which you can suffer emotionally as a result of your pain. If you’re experiencing anxiety, sadness, or insomnia, inform your doctor right away and get the help you need.
Emotional distress is a type of injury that compensates you for all of the mental pain and adjustments you’ve had to make since your accident. Emotional anguish, like pain and suffering, has no quantitative formula. Your lawyer can assist you in determining the worth of your emotional distress.
Inability to Use
A personal injury accident can force you to make unintentional lifestyle changes. You must adjust to your new life with limits if you used to ride, exercise, and cook and are no longer able to do so. You could lose the use of an arm or limb, as well as your eyesight.
Loss of use is a type of harm that compensates you for the activities you are unable to perform as a result of your injury. Your loss of use damages is one-of-a-kind. According to California law, the parties must evaluate what the individual did before the accident and what activities the person can no longer do as a result of the event.
The Loss of the Consortium
It may affect your loved ones if you are injured in a personal injury accident. Loss of consortium is a legal theory that may be applied by the victim’s spouse in California. Loss of any of the following can be characterized as loss of consortium damages:
- Intimacy
- Relationships
- Sexual relationships
- Convenience
- Childbearing ability
A Loss of Wages
If you are unable to work as a result of your injury accident, you may be entitled to compensation. You figure out how much money you would have made if you hadn’t skipped work. You should think about all possible sources of revenue, including:
- First, second, and third jobs
- Earnings
- Tips
- Incentives
- The commissions
- Contributions to the pension fund
- Employee perks such as a company cell phone and car
In addition to lost wages, you may also lose any compensation you get for performing your job. Your employer’s letter, your tax returns, and pay stubs can help prove what you earned before the accident.
Inability to Earn Income
In contrast to lost wages, which refer to what you lost out on earning in the short-term following an accident, lost earning capacity refers to what you can’t earn in the future.
Whenever you are unable to work for a long period of time, your compensation, promotions, and job progression are affected. If your accident has affected your career outlook, you might need to discuss your options with an occupational expert.
Repair and Replacement Services
If you are injured, you will probably need help around the house. Taking care of the kids, mowing the lawn, bringing groceries, or cooking might require you to hire someone. You can ask for compensation if you have to hire out tasks that you used to complete yourself. This type of compensation is called replacement services.
Compensation for Punitive Damages
California law may also call for additional damages as a penalty for the defendant in exceptional situations. Punitive damages are usually awarded when a corporation is responsible for the harming of a large number of persons or when a person knowingly causes substantial harm to another person. Punitive damages are used to punish bad actors and to set an example for others to follow in order to encourage good behavior.
Damages to Property
Property damage may occur when you have a physical injury. If your property has been damaged, you may be entitled to compensation. If your damaged property has a current market value, you may include it in the total calculation of your damage.
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