When you’re involved in a personal injury lawsuit, the goal is to seek compensation for the damages you’ve endured. The legal term for the compensation awarded to the injured person in a personal injury case is “damages.” As any experienced personal injury lawyer will tell you, there are two broad categories of damages: compensatory damages and punitive damages.
Punitive damages penalize the at-fault party, while compensatory damages help the injured victim. Compensatory damages are the most common and identifiable type of damage. They include property damage, medical malpractice, loss of income, etc.
What Are Compensatory Damages?
Compensatory damages are monetary compensation awarded to individuals who have been harmed by someone else’s negligence, recklessness, or wrongful actions. They make the injured party whole again by directly addressing their financial, emotional, and physical losses.
Personal injury cases, including auto accidents, mass torts, and slip and fall cases, can recover these damages.
Types of Compensatory Damages
There are three basic types of compensatory damages: special compensatory damages, general compensatory damages, and wrongful death damages.
Special Compensatory Damages
Special compensatory damages, also known as economic damages, cover specific monetary losses directly tied to the injury. You can easily prove these damages with documentation such as receipts, bills, or pay stubs.
Here are some common types of special compensatory damages:
- Medical Expenses: This includes the costs of hospital stays, surgeries, medications, physical therapy, and future medical care related to the injury. Whether it’s emergency room visits, ongoing treatments, or assistive devices like wheelchairs, all medical-related costs fall under this category.
- Lost Wages and Loss of Earning Capacity: If your injury has caused you to miss work, you may be entitled to compensation for the wages lost during that time. If the injury affects your ability to earn the same income in the future, you can also seek damages for loss of earning capacity.
- Property Damage: If the incident damaged or destroyed any personal property, such as a vehicle in a car accident, you can recover the costs of repairs or replacements.
- Out-of-Pocket Expenses: These are additional costs that may arise due to the injury, such as transportation to medical appointments, home modifications, or hiring help for daily activities that you can no longer perform.
Damages in a personal injury case vary depending on the severity of the injury, the circumstances leading to the injury, lost wages/salary, future earning capacity, costs of ongoing and future medical care, and other factors.
While the victim can seek any amount they think is appropriate, the actual amount is determined by negotiations between the parties involved (usually the victim’s lawyer and the liable party’s insurance adjuster) or by the court in case of a lawsuit.
General Compensatory Damages
General compensatory damages, also known as non-economic damages, compensate for non-monetary losses that are not as easily quantifiable as special damages. These damages reflect the broader impact of the injury on the victim’s life and are often more subjective in nature.
Common examples include:
- Pain and Suffering: This covers the physical pain and emotional distress resulting from the injury. Pain and suffering can include chronic pain, anxiety, depression, and overall diminished quality of life.
- Emotional Distress: Injuries can lead to severe emotional and psychological effects, such as anxiety, depression, PTSD, and other mental health conditions. These damages recognize the emotional toll of enduring trauma.
- Loss of Enjoyment of Life: If the injury prevents you from participating in hobbies, recreational activities, or other aspects of life that you once enjoyed, you may be entitled to damages for the loss of enjoyment of life.
- Loss of Consortium: This type of damage is awarded to the spouse or family members of the injured party when the injury adversely affects their relationship, companionship, or sexual relations.
General compensatory damages are designed to address the broader, often invisible, impact of an injury. But how is the monetary value of these damages calculated? In general, the longer the period of recovery and the stronger the medical treatment needed, the greater the injured person’s pain and suffering, according to insurance companies.
When calculating the monetary value of pain and injuries, insurance adjusters take into account the seriousness of the injury, the victim’s liability (when the victim is partially at fault), the victim’s future prognosis (whether the victim requires extended treatment and therapy), and the history of verdicts in similar cases.
Again, the injured person may seek any amount they think is appropriate, but the actual amount is decided either by negotiations between the parties involved or by the court. That’s why recovering general compensatory damages requires a persuasive presentation of evidence, often including expert testimony, to establish the extent of the emotional and physical toll on the victim’s life.
Wrongful Death Damages
Wrongful death damages apply when an individual loses their life due to someone else’s negligence or intentional act. These damages go to the surviving family members to compensate for their losses.
Wrongful death damages may include both economic and non-economic components, such as:
- Funeral and Burial Expenses: These cover the costs of the funeral service, burial, or cremation, which can be significant and unexpected for the grieving family.
- Loss of Financial Support: If the deceased was the primary breadwinner, the surviving family can claim the lost financial support that the deceased would have provided.
- Loss of Companionship and Companionship: This category compensates for the loss of the deceased’s companionship, emotional support, and guidance that would have been available to surviving family members.
- Medical Expenses Before Death: If the deceased incurred medical expenses before passing away, such as costs related to emergency treatment, surgery, or hospitalization, these can also be recovered.
Wrongful death damages provide some measure of financial security to the deceased’s family while acknowledging the profound emotional impact of their loss.
What Are Punitive Damages?
Punitive damages, unlike compensatory damages, are not intended to compensate the injured party for losses. Instead, they are awarded to punish the defendant for particularly reckless, malicious, or egregious conduct and to deter similar behavior in the future.
In California, punitive damages only apply when the defendant’s especially harmful or intentional actions go beyond mere negligence. They serve as a powerful legal tool to hold wrongdoers accountable for actions far outside the bounds of acceptable behavior.
Assert Your Right to Full Compensation with Wilshire Law Firm
Understanding compensatory damages can be overwhelming, but you don’t have to do it alone. At Wilshire Law Firm, our commitment to excellence, justice, and unity drives everything we do. Whether you’re facing medical bills, enduring emotional pain, or grieving the loss of a loved one, we are here to stand with you. Our relentless pursuit of justice has helped countless clients secure the compensation they deserve, and we are ready to fight for you, too.
With a proven track record of over $1 billion recovered, our powerhouse team of legal professionals will work tirelessly to ensure your rights are protected and your story is heard.
When you choose Wilshire Law Firm, you’re choosing more than just legal representation—you’re choosing a dedicated partner who will stand by your side from start to finish.
Get justice. Get paid. Contact us today at (213) 335-2402 or through our online form for a free consultation and to learn how we can help you achieve the recovery you deserve.
