Damages in Personal Injury Cases

California law recognizes two broad categories of damages in personal injury cases.  They are referred to as “economic” and “non-economic” damages.

Economic damages include the following:  Medical Expenses, Lost Earnings, Lost Profits, Lost Earning Capacity, Loss of Ability to Provide Household Services, Damage/Destruction of Property, and Loss of Use of Property.

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Medical expenses are the medical bills incurred as the result of the injury event (traffic collision, slip and fall, construction site accident, etc.).  This includes past and future bills.

Lost earnings applies to workers who are unable to work for a some period of time due to an injury event.

Lost profits applies to a business owner who temporarily cannot run the business due to the injury event.

Loss of earning capacity refers to a complete inability to work again.

Loss of ability to provide household services addresses the situation where a member of the household can no longer provide services to the household.  For example, a husband cannot do yard work.  This category of damages allows the husband to prove the cost of a gardener over the period of the husband’s disability.

Damage or destruction to property refers to, for example, damage or destruction of your car in a collision.  Simply put, it is the notion that your car should be repaired or replaced.

Loss of use applies to the period of time when your car is being repaired or a few days while you are looking for a replacement car.  Usually, this is covered in a traffic collision case by the insurance company providing a rental car.

Non-economic damages include Physical Pain, Mental Suffering, Emotional Distress, and Loss of Consortium.  There is no fixed standard for determining the amount of these damages.  Jurors are told to “use your judgment to decide a reasonable amount based on the evidence and your common sense.”

Physical pain, mental suffering, and emotional distress almost defy definition.  The California Supreme Court says these damages  include fright, nervousness, anxiety, grief, worry, mortification, shock, humility, indignity, embarrassment, apprehension, terror or ordeal.  Translating these damages and detriments into dollars is hard for jurors.  Attorneys are able, through experience with similar situations, and better suited to evaluate non-economic damages.

Loss of consortium damages refer to the harm sustained by one spouse when the other has been injured in an injury event.  These damages are twofold.  The first category includes the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.  The second is the loss of the enjoyment of sexual relations.

In closing, please know that each and every item of damages must be proven by a preponderance of the evidence.  This is the burden of proof in most civil cases, including injury cases.  The damages you seek can be for past and future (providing this is supported by the evidence).

In my next entry I will discuss damages available in wrongful death cases.  Shortly after that, I will discuss the various burdens of proof recognized by the law.

As always, if you have any questions or comments or wish to discuss your personal injury situation, please call my office at 760-683-2048 or send me an e-mail in the box below.  All consultations are free of charge.

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