Types Of California Personal Injury Compensation
There are many types of compensation in personal injury law. No matter where you are at the moment in your case, you need to be able to understand what type of personal injury compensation your Orange County personal injury attorney is fighting for. This guide can help you in your settlement negotiations or trial.
A summary of the types of personal injury damages
There are two types of personal injury damages: punitive and compensatory damages. The damages can then be divided into other categories.
- Compensatory damages pay you compensation for your injuries. In almost all cases of personal injury, compensation should be available.
- Punitive damages are awarded to the person who caused you harm. They don’t relate to the type or severity of the injury that you or your loved one have sustained. They are also less common than compensatory damages.
These two types are the umbrellas for all types of compensation (except workers’ compensation). The types of personal injury compensation can get more specific. Let’s now take a look at the branches.
Personal Injury Compensation: Compensation
Nearly all personal injury cases seek to help clients obtain compensatory damages. This list is not complete. Always consult a personal injury lawyer in Orange County CA to determine if you are eligible for compensation.
Additional Compensatory Damages
This type of personal injury compensation is often called “economic damages”. It covers out-of-pocket expenses and quantifiable costs. Special compensatory damages are simply a reimbursement for expenses or income you have lost as a result of an accident.
Some examples of compensatory damages are:
- Past and future medical expenses. Keep track of the bills, receipts, and documentation associated with the following expenses:
- Hospital stays, medical bills, and other medical treatment (including surgery) are all covered.
- Rehabilitation, physical therapy, and pain management costs
- Expenses related to doctor’s appointments
Prescription medication costs
- Costs for related at-home and nursing home caretaking
- Transport for medical purposes (includes ambulance)
- Living expenses are rising
- Property damage costs, including repairs and replacement
Was your car, bike, boat, etc. Was your vehicle, bike, or boat damaged in the accident that caused your injury. An experienced accident attorney in Orange County will help with property damage.
- Past and future lost wages/loss in earning capacity
Technically, loss of earnings and loss of wages are the same thing. Both refer to the lost wages due to your injuries, up to the trial date. They also include compensation for future wages that you are unable to earn.
- The loss of irreplaceable objects
Did you lose or damage an irreplaceable item of property such as a family heirloom? You might be eligible for additional compensation if the item is worth more than its original value.
- Travel expenses associated with canceled or modified trips
Did you plan to travel on a long or international trip before getting injured? You may be entitled to financial compensation if your injury prevented you from completing your original plans.
General Compensatory Damages
There are some costs that can easily be printed on receipts and added up to a precise figure. But there are also costs that are not usually quantifiable. The latter are generally covered by general compensatory damages.
Some examples of general compensatory damages are:
- Pain and suffering
- Long-term pain that is a result of injury or treatment for an injury
- Anguish and distress mental can range from depression to anxiety to PTSD.
- Lower quality of life
- Many types of personal injuries can leave victims unable or unwilling to live their lives as they used to. This type of damage is usually awarded to victims who suffered an amputation, or TBI because of their injury.
- Loss of enjoyment in life
A personal injury victim can no longer participate in the activities that brought them joy, such as playing an instrument or helping with their children. They may seek compensation for any loss of enjoyment.
- Loss of consortium/companionship
- Disfigurement or impairment of the body
General damages can be the most confusing of the two types. We are often asked the question, “Is pain or suffering compensatory damage?” To see if you could be eligible for any of these general compensatory damages, check the table above. Talk to your lawyer about how the court calculates general compensatory damage.
Wrongful Death Damages
Wrongful Death Damages are a combination of special compensatory damages with general compensatory damages. They are only applicable in wrongful death cases. These damages are paid to the survivors of the victim.
Some examples of wrongful death compensatory damages are:
- Funeral and burial costs (special damage): Funerals can be expensive. These costs can be recouped or offset by this type of compensation.
- Cost of medical treatment before the occurrence or wrongful death (special damages). If a loved one has received medical care after an accident, but before their death, the family might need to pay the cost of the treatment.
- Loss of consortium/companionship (general damages): Loss of companionship is typically awarded to the spouse of a loved one who died in a personal injury incident. It is used to compensate for emotional distress caused by the end of a relationship.
- General damages: These compensations are used to offset the victim’s income loss. This compensation is particularly helpful for spouses with children, or spouses who weren’t the primary breadwinner.
- General damages for emotional distress/mental distress of surviving family members: These damages are similar to the compensatory damages for emotional distress/mental anxiety awarded to injured persons. They are intended to assist surviving family members in moving forward with their lives following the death or wrongful burial of a loved one.
Personal Injury Compensation: Punitive Damages
Punitive damages don’t compensate for your losses, as we have already said. They are used to punish the person responsible for your personal injury, or the wrongful loss of a family member. Punitive damages may be awarded if the court finds that the compensatory damages you have been awarded do not deter the defendant (the responsible party) from repeating the “mistake”.
If the responsible party is wealthy, the chances of a court awarding punitive damages are higher. People involved in high-profile cases in which the responsible party is wealthy might also be awarded punitive damages to make an example.
How To Get Compensation For Personal Injuries
Individuals and companies should admit to their mistakes. Experienced personal injury Law Firm in Orange County CA will help clients get settlements that meet their needs. If necessary, they can also fight for their damages in court.
In Orange County, Contact The Best Personal Injury Lawyer
Tenina Law Inc is the best personal injury lawyer In Orange County representing clients against insurance companies. We use proven methods to ensure that they are successful. Our clients enjoy successful results when we prosecute medical, on-the-job, and accident injury cases. Hire our personal injury law firm to help you succeed in your case. Contact us today for more information.