When you are injured, you deserve fair, adequate and just compensation. The law allows you to recover certain types of damages in personal injury cases, this blog discusses type of damages you may be able to recover.
Typical damages recoverable in a personal injury case
While there is no set rule (every case must be reviewed in detail), in general, the following types of damages might be available to a Plaintiff in a personal injury case:
1. Out of pocket losses
2. Medical bills
3. Physical therapy bills
4. Chiropractor bills
5. Pain and suffering
6. Punitive damages
7. Costs of suit
8. Other damages
How do California Courts view the issue of personal injury damages?
In Hanif v. Housing Authority (1988) 200 Cal.App.3d 635, 640-41 [246 Cal.Rptr. 192, 194-95] the court stated:
“In tort actions damages are normally awarded for the purpose of compensating the plaintiff for injury suffered, i.e., restoring him as nearly as possible to his former position, or giving him some pecuniary equivalent. See 4 Witkin, Summary of Cal.Law (8th ed. 1974) Torts, § 842, p. 3137; see Civ.Code, §§ 3281.
“Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.”
“Detriment is a loss or harm suffered in person or property. For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.”
“The primary object of an award of damages in a civil action, and the fundamental principle on which it is based, are just compensation or indemnity for the loss or injury sustained by the complainant, and no more.” See Mozzetti v. City of Brisbane (1977) 67 Cal.App.3d 565, 576, 136 Cal.Rptr. 751.). “A plaintiff in a tort action is not, in being awarded damages, to be placed in a better position than he would have been had the wrong not been done.” (Valdez v. Taylor Automobile Co. (1954) 129 Cal.App.2d 810, 821–822, 278 P.2d 91.).
Can I recover punitive damages in a personal injury damages
Can I recover my future medical expenses in a Personal injury case?
“After a one-month trial, the jury returned a verdict in favor of Holmes but against Duro Dyne, awarding $1,605,619.32 to Garcia for his claims and $300,000 to his wife for her loss of consortium claim. Garcia’s $1,605,619.32 award consisted of $125,369.32 in past medical expenses, $200,000 in future medical expenses, $530,250 in nonmedical economic damages and $750,000 in noneconomic damages. The jury found that Duro Dyne was strictly liable for manufacturing asbestos-containing products and negligent in failing to warn customers or recall their products. The jury found that 3 percent of the Garcias’ legal “injury, damage, loss or harm” was “attributable to the negligence, fault, defective products or wrongful conduct” of Duro Dyne, and that 97 percent of such legal “injury, damage, loss or harm” was “attributable to the negligence, fault, defective products or wrongful conduct” of “all others.”
What happens if an injured Plaintiff fails to mitigate their damages?
Contact a personal injury attorney
Contact one of our personal injury lawyers to discuss your case. If we do not recover in your case, you don’t pay us anything. We fight for every dime you are entitled to in your case.
We can be reached at (877) 276-5084. Or fill out the form below, and we will contact you, normally within the hour. We do not charge anything to you until we win your personal injury case.
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