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What damages can I recover from a personal injury lawsuit?

| Oct 11, 2021 | Motor Vehicle Accidents - Plaintiff |

When you suffer injuries following an accident due to someone else’s negligence, you may be eligible for compensation for your damages. The compensation amount you are awarded might go toward paying your medical bills, fixing damaged property, and recovering the lost income if you missed work due to injury. 

To file a competent lawsuit and get the compensation you deserve for your injury, it is important that you know what the law entitles you to in the first place. Here are the different kinds of compensation you fight for during your personal injury lawsuit in California. 

Special compensatory damages

These damages are meant to compensate for any financial expenses you incurred following your injury. These damages are unique to the magnitude of the injuries and significantly vary by victim. Here are examples of special damages you can claim during your personal injury lawsuit:

  • Loss of current and future earnings
  • Medical expenses (both present and future)
  • Household expenses

There generally isn’t any limit to the types of special that a plaintiff can claim.

General compensatory damages

These damages compensate the injury victim for non-monetary losses incurred in an injury lawsuit. Examples of general damages include:

  • Mental and emotional trauma
  • Pain and suffering
  • Consortium in case the injury results in death

These damages are termed general ones because they address the harm that typically arises due to the injury. 

Punitive compensatory damages

Punitive damages are only awarded during a personal injury lawsuit if the Court establishes that the defendant’s wrongful behavior was reprehensible. An example would be when the defendant is found guilty of acting maliciously or fraudulently, harming the victim. These can include sexual assault, aggravated battery or fraudulent behavior that results in an extensive financial loss. Punitive damages can also be awarded in high-profile cases that involve defective products. 

When you are hurt due to someone else’s negligence and are looking to file a personal injury lawsuit, you may be entitled to different types of damages. However, you must start by identifying the damages specific to your case so you can file a competent claim against the at-fault party. 

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