Fresno Personal Injury Lawyer

Understanding the Damages Available in a Personal Injury Claim

When you’re injured due to someone else’s negligence, understanding the types of damages you can claim in a personal injury lawsuit is essential for ensuring you receive fair compensation. Damages in personal injury cases are designed to restore the victim to their position before the injury, as much as possible. These damages fall into several categories: economic, non-economic, and, in some cases, punitive damages.

Economic Damages

Economic damages, also known as special damages, are quantifiable and cover financial losses directly related to the injury. These include:

• Medical Expenses: This covers all past, present, and future medical costs related to the injury. It includes hospital bills, doctor visits, surgeries, physical therapy, medications, and any necessary medical equipment.
• Lost Wages: If the injury caused you to miss work, you could claim compensation for lost wages. This includes the time you were unable to work due to the injury and the recovery period.
• Loss of Earning Capacity: If the injury affects your ability to work in the future, you can claim damages for the loss of earning capacity. This takes into account your age, occupation, skills, and the extent to which the injury impairs your ability to earn a living.
• Property Damage: If personal property, such as your vehicle, was damaged in the incident, you could claim repair or replacement costs.
• Other Out-of-Pocket Expenses: This can include transportation costs for medical appointments, home care services, and any other expenses incurred as a direct result of the injury.

Understanding the types of damages available in a personal injury claim is crucial for ensuring you receive fair compensation for your losses.

Non-Economic Damages

Non-economic damages, or general damages, are more subjective and cover non-financial losses. These include:

• Pain and Suffering: This compensates for the physical pain and discomfort caused by the injury. It considers the severity of the pain and the duration it is expected to last.
• Emotional Distress: Emotional distress damages compensate for the psychological impact of the injury, such as anxiety, depression, or post-traumatic stress disorder (PTSD).
• Loss of Consortium: If the injury adversely affects your relationship with your spouse, you may be eligible for loss of consortium damages. This covers the loss of companionship, affection, and sexual relations.
• Loss of Enjoyment of Life: If the injury prevents you from enjoying activities and hobbies you previously engaged in, you can claim damages for loss of enjoyment of life.

By comprehensively documenting your economic and non-economic damages and considering the factors that influence damage awards, you can better navigate the personal injury claims process.

Punitive Damages

In some cases, the court may award punitive damages in addition to economic and non-economic damages. Punitive damages are not meant to compensate the victim but to punish the defendant for particularly egregious or reckless behavior and to deter similar conduct in the future. In California, punitive damages are awarded only if the defendant’s actions are found to be malicious, oppressive, or fraudulent.

Understanding the Factors That Impact Compensation

When you’ve been injured due to someone else’s negligence, securing fair compensation through a personal injury claim becomes a critical step in your recovery process. However, the amount of compensation you can receive isn’t fixed and can vary widely based on numerous factors. 

Severity and Type of Injury

The severity and type of injury you sustain significantly impact the compensation amount. Severe injuries that lead to long-term or permanent disability generally result in higher compensation due to extensive medical treatment, prolonged recovery times, and significant lifestyle changes. For example, a spinal cord injury or traumatic brain injury will likely garner more compensation than minor cuts and bruises.

Lost Wages and Loss of Earning Capacity

If your injury forces you to miss work, you can claim compensation for lost wages. This covers the income you’ve lost from the time of the injury to the present. Additionally, if the injury affects your ability to work in the future, you may be entitled to damages for loss of earning capacity. This is calculated based on your age, occupation, skills, and how the injury impacts your ability to perform your job or any other type of work.

Emotional Distress

Beyond physical pain, injuries can lead to significant emotional and psychological impacts, such as anxiety, depression, and post-traumatic stress disorder (PTSD). Emotional distress damages aim to compensate for these impacts. The degree of emotional distress and its effect on your daily life and mental health play a crucial role in determining these damages.

Comparative Negligence

California follows a pure comparative negligence rule, which means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%. This rule allows for compensation even if you are primarily at fault, though the amount will be adjusted accordingly.

Evidence and Documentation

The strength of your evidence can significantly impact the compensation amount. Comprehensive documentation of medical treatments, financial losses, and the injury’s impact on your life is crucial. This includes medical records, receipts for out-of-pocket expenses, and detailed accounts of how the injury has affected your daily activities and quality of life. The more robust your evidence, the stronger your case will be.

Legal Representation

Having an experienced personal injury attorney can greatly influence the compensation amount. An attorney can navigate the complexities of personal injury law, gather and present evidence effectively, negotiate with insurance companies, and advocate on your behalf in court if necessary. Their expertise and negotiation skills can often result in higher compensation compared to handling the claim on your own.

Insurance Policy Limits

The insurance policy limits of the at-fault party can also affect the compensation amount. If the at-fault party has low insurance limits, it may cap the amount you can recover, even if your damages exceed that amount. In such cases, your attorney may explore other avenues for compensation, such as underinsured motorist coverage or suing other liable parties.

Pre-existing Conditions

If you have pre-existing medical conditions, the defense might argue that your current injuries are related to these conditions rather than the accident. Clear medical documentation showing the difference between your pre-existing condition and the new injuries caused by the accident is essential to counter these arguments and secure fair compensation.

How to Prove a Fresno Personal Injury Claim

In California, personal injury claims are based on negligence. Negligence is defined as the failure to exercise care that a reasonable person would in a similar situation. To win a personal injury claim, you must prove that the defendant’s actions, or inactions, were negligent.

Negligence has four elements that must be proved in a personal injury claim. Here is an example based on a car accident:

• Duty of care: For instance, all motorists owe their fellow road users a duty of care when operating a motor vehicle. This duty falls within obeying traffic rules and obeying traffic signs.
• Breach of duty: You must prove that the defendant breached or violated that duty in some way. Speeding and running a red light are examples of violations of duty.
• Causation: Not every motorist that speeds or runs a red light causes an accident. Your lawyer must prove that the injuries you sustained resulted from that breach.
• Damages: You must have suffered losses, monetary or otherwise. This is why it is crucial that you seek medical attention immediately. The damages you suffer due to this accident will be compensated if you win the case.

The statute of limitations dictates that personal injury claims must be filed within a two-year period, failure to which you can no longer pursue compensation for that accident. Exceptions to the rule include when the defendant is a government entity or when the victim is a minor. Contact a lawyer as soon as possible to ensure you’re filing in time.