In California, a personal injury claim involves recovering related to your injuries from the accident, are often referred to as compensatory damages. Understanding the various types of compensatory damages is essential for a successful personal injury case so you know what you might be entitled to.
What Is The Meaning Of Compensatory Damages?
Compensatory damages definition is any financial compensation awarded to an individual who has been injured due to another person’s negligence in California. This type of award is intended to make up for the losses and suffering experienced by the victim as a result of the incident.
This does not include punitive damages, as these are to punish the defendant, not benefit the victim.
Evidence Used To Recover Compensation
If you’ve been injured in an accident and are looking to recover compensation, you should understand the evidence needed to prove your claim. Some of the most effective evidence includes.
Medical Records
Medical records help establish that an injury was caused by the accident in question and explain any ongoing medical issues or treatments related to the incident. The more medical records you have detailing your injuries, treatments, limitations, and any other related information, the easier it will be for you to get what you deserve.
Witness Testimony
Witness testimony can provide further support for your personal injury case if there were witnesses present at the time of your accident. Having someone who saw what happened can back up any statements you make about how the accident occurred and provide helpful insights into the events leading up to it.
Photographs/Videos
If available, photographs or videos taken during or after an accident can be helpful pieces of evidence as they capture what happened in real time and show how serious an incident was. Photographs or videos after an accident should be taken from different angles to give a full view of what happened and should include close-ups where possible to provide more detail about how extensive any damages were.
What Is An Example Of Compensatory Damages?
Compensatory damages examples include economic and non-economic damages in a personal injury claim. The most common examples include the following:
Current Medical Expenses
Current medical expenses include any bills you have already incurred as a result of your injury. This includes hospital bills, doctor visits, medication, physical therapy, ambulance services, and any other medical costs related to the accident. To receive compensation for current medical expenses, you must provide evidence that the cost was directly related to the accident and that it was necessary for your care and treatment.
Future Medical Expenses
In addition to current medical expenses, you may also be entitled to compensation for future medical costs related to your injury. This can include physical therapy, medications, long-term care if you’re unable to care for yourself, and anything else needed for your treatment following the accident.
Lost Wages Due To Injury
If you have had to miss work due to your injury or if it has affected your ability to perform certain job tasks, you may be able to receive compensation for lost wages due to the accident. This includes both current lost wages as well as future lost wages. You can also recover compensation for reduced earning capacity caused by the injury if you can’t return to the same job or work as many hours because of your injury.
Pain And Suffering Damages
Pain and suffering damages cover both physical and emotional distress caused by an accident or injury. These include things like physical pain, mental anguish, fear, fright, embarrassment, humiliation, anxiety, depression, loss of companionship, loss of consortium (loss of marital relations), and disfigurement or scarring from injuries sustained during the incident.
Calculating Pain And Suffering Damages
Calculating pain and suffering damages can seem complicated, but they don’t have to be. Attorneys use several methods when calculating what they believe you are entitled to. The most common method is known as the “multiplier method,” which involves multiplying your total economic losses (medical bills + lost wages + property damage) by a number ranging between 1 and 5 depending on how severe your injuries were (1 being minor injuries, and 5 being life-altering injuries).
For example, if you experienced significant and permanent injuries, that could warrant a 5 as your multiplier. If your economic losses totaled $100,000, you would multiply that by 5. Using this method would result in an additional $500,000 for pain and suffering damages.
Contact Gomez Trial Attorneys To Get The Compensation You Deserve
If you have been injured due to someone else’s negligence, you may be able to receive compensation. A qualified personal injury lawyer can help guide you through this process, ensuring that you consider all relevant information when calculating potential settlement amounts or pursuing litigation options if necessary. For assistance, contact The Gomez Trial Lawyers today for a free consultation by calling 866-TRIAL LAW (866-874-2552) or by contacting us online.
John Gomez
John Gomez founded the firm alone in 2005. Today, John acts as President and Lead Trial Attorney. He has been voted by his peers as a top ten San Diego litigator in three separate fields: Personal Injury, Insurance and Corporate Litigation. Since 2000, he has recovered over $800 million in settlements and verdicts for his clients with more than 160 separate recoveries of one million dollars or more. A prolific trial lawyer, John has tried to jury verdict more than 60 separate cases.
