There are many kinds of damages or compensation you may be entitled to following a personal injury accident. One of the most common types is compensatory damages. They are awarded to compensate a plaintiff (victim) for actual expenses and losses caused by an accident. Compensatory damages can be broken into two categories.
Economic damages are for an amount that is necessary to replace the losses you suffered, no greater. These are losses where you must prove how much money you’ve lost. Some examples include:
Non-economic damages do not reflect a specific dollar amount and are more complicated to prove since they are subjective losses. For instance:
If you suffered an injury, property damage, psychological harm, or any other loss because of another individual’s negligent acts, you might receive an award for the above compensatory damages as reimbursement.
While there is generally no cap on compensatory damages in California, some exceptions do exist. For example, in medical malpractice cases, there is a cap of $250,000 on non-economic damages. To fully understand your rights and the types of damages you are entitled to, contact an experienced personal injury attorney in San Diego.
Another type of damages that are rarely awarded is punitive damages. These damages are only recovered in cases involving an at-fault party who acted with malice, oppression, or fraud. Although they compensate the injured party, they are intended to punish the defendant and deter similar harmful actions in the future.
It may seem simple to make a case for the amount of compensation the at-fault party owes you, but recovering compensatory damages involves gathering a lot of evidence. Not only will you need to show proof that you suffered the losses, but you’ll need to demonstrate negligence on behalf of the responsible party.
Proving you have been harmed in some way is not necessarily the same as proving how much compensation you deserve. It is your responsibility to prove to the judge that the amount you ask for is justified. It is up to the judge to decide damages, but be prepared to make an argument for the amount that you think is fair.
If you have questions about the potential value of your personal injury case, contact CaseyGerry. We will provide a free initial consultation and explain the types and amount of damages you may be able to recover. Call (619) 238-1811 or fill out our contact form online.