If you have been involved in an accident in California, you can pursue a personal injury claim or file a personal injury lawsuit. In a personal injury case, you could recover several different types of damages for the harm you endure. You could recover economic and non-economic damages. An experienced attorney can help you get the most from your accident case. Then, you can begin to move forward with your life.
Economic damages are more accessible to calculate than non-economic damages.
Economic damages include expenses like:
- Medical bills (past medical expenses, along with any future medical expenses)
- Lost wages (past lost wages, along with any future loss of earning capacity)
- Property damage
- Physical therapy
- Rehabilitation
- Out-of-pocket expenses
The above types of damages are easy to calculate since invoices and receipts exist. For example, an attorney will review the injured party’s pay stubs to calculate lost wages. This will show their pre-accident pay. However, non-economic damages are not as easy to calculate. To ensure that you can recover non-economic damages, it is crucial to hire an experienced California personal injury attorney.
What Are Non-Economic Damages?
Non-economic damages are a type of damage that is not determined by looking at invoices, expenses, or financial charges. Instead, non-economic damages look into the injured party’s feelings after they were injured from the accident. Understanding the non-economic damages that may be available in your case can help you be prepared for what to expect if you were emotionally harmed by the accident.
Pain and Suffering
Pain and suffering focus on the physical pain the injured party had from their injuries. Examples of pain and suffering include PTSD, anxiety, depression, and fear. For example, if the injured took part in multiple surgeries after the accident, they most likely suffered for several months.
Loss of Enjoyment of Life
This type of damage considers things the injured can no longer do. For example, playing soccer with family members may be considered when determining loss of enjoyment of life.
Loss of Consortium
Loss of consortium considers the relationship the injured had with family and their spouse. For example, relationships with their spouse may not be so intimate anymore.
Loss of Reputation
Loss of reputation usually harms the injured party after the accident. For example, the injured party may not be able to get a job because of their reputation.
Disfigurement
Disfigurement occurs when an injured party experiences catastrophic injuries that alter their physical appearance. This could substantially impact their self-confidence. For example, they may be too embarrassed to leave the house or engage in social activities.
Punitive Damages
Punitive damages are only awarded when the party acts with malicious intent. The most common example of punitive damages awarded in personal injury cases is in DUI accidents.
How Are Non-Economic Damages Determined?
There is no specific formula for calculating non-economic damages in California. Instead, jury members review various facts about the injured party’s life before and after the accident.
Some helpful information could include:
- The injured party’s pre-accident activities
- The injured party’s pre-accident hobbies
- What the injured party cannot do anymore
- Housework the injured party could do
- Relationship strains
- Vacations taken
- Whether the injured party can go to the gym
- Whether the injured party can drive
The topics differ depending on the circumstances. Contact an experienced personal injury attorney for more information on non-economic damages in your case and how you recover all the compensation you may be entitled to.
Does California Have a Cap On Non-Economic Damages?
California typically does not have a cap on non-economic damages. However, there is a limit on medical malpractice cases. Medical malpractice lawsuits are when a plaintiff alleges that a medical provider acted negligently. For example, if the party was injured after a negligent surgery, they could recover compensation under a medical malpractice claim.
Under California law, non-economic damages under a medical malpractice claim are limited to $350,000. Injured parties can receive non-economic damages in full. There is no cap on them for car accidents or slip-and-fall accidents.
Contact an Experienced Personal Injury Attorney for Help Recovering Non-Economic Damages
Call a top-rated California personal injury attorney at Carter Law Group if you were injured by someone else’s negligence or intentional wrongdoing at (559) 485-1212. They will discuss if you qualify for non-economic damages and what your case could potentially be worth.
Having an experienced attorney represent you will get you the help you need to move forward after an accident and pursue the full damages you could be entitled to. Accidents like car crashes, slip-and-fall accidents, truck accidents, motorcycle crashes, and more could leave the accident victim with catastrophic injuries. These injuries may include brain injuries, broken bones, spinal cord injuries, and more that could lead to extreme emotional distress.
