Personal Injury and Wrongful Death Damages in California
In most cases and at the very least, a person who has been injured or a family who has lost a loved one through the fault of another is entitled to "be made whole" or to be restored insofar as is possible to his or her preinjury status through "compensatory" damages. In California, this right is established by Civil Code Sections 3281 and 3333.
Generally speaking, this includes both economic damages such as medical bills, property damage and lost wages and non-economic damages such as emotional distress and pain and suffering. Past, present and future damages are normally discounted to their present lump sum value.
Depending on the facts of your case (and the ability and reputation of your lawyer), these damages might include one or more of the following...
Medical Expenses- This includes the reasonable value of all medical expenses that have been incurred, and are reasonably expected to be incurred in the future, as a result of the injury or death. Medical bills, reports and doctors' testimony are all used to prove these damages.
Loss of Earnings- This includes the reasonable value of working time lost or expected to be lost on account of the injury or death. Wages, commissions, bonuses, fringe benefits and all other earnings are compensable damages. This also includes an "impaired earning capacity" which simply refers to the extent to which the injury has interfered with an injured person's ability to advance to a better paying position or alternative career.
Pain and Suffering- This is usually the most valuable element of a bodily injury claim and includes compensation for the past, present and future pain and suffering an injured person goes through or is expected to go through because of an accident. Reasonableness is the only limit on the amount of pain and suffering damages which can be awarded. Civil Code Section 3259.
Additional related "intangible damages" may also be awarded to compensate an injured victim for the impaired enjoyment of life (an inability to enjoy life), disfigurement and the shorting of life expectancy.
Emotional Distress- In some cases, an injured party may be entitled to reasonable compensation for all fear, anxiety and other emotional distress suffered or to be suffered in the future.
Property Damage- Property losses such as damage to personal property or to an automobile in a vehicle collision are also recoverable damages. Civil Code Sections 3281. If property is lost, completely destroyed or beyond repair, damages are usually based upon the fair market value at the time of the loss. However, if the property can be repaired, then the proper damages are either the cost of repairs or the difference in the property's value before and after the accident.
Wrongful Death Damages- Each wrongful death claimant is entitled to damages for all detriment suffered and is likely to suffer in the future. This not only includes the "necessities of life" (food, clothing, shelter) but also any financial contributions the decedent would have made. Lost services, advice or training are also compensable damages in a wrongful death case.
Loss of love, companionship, comfort, affection, society, solace or moral support are primary damages in most wrongful death cases. Of course, funeral and burial expenses are also included. It is interesting to note that a claimant's grief, sorrow and mental suffering relating to the wrongful death are not a compensable damage. With few exceptions, punitive damages are also not normally allowed to claimants in a wrongful death case.
Punitive Damages- If it is proven by clear and convincing evidence that the responsible party is guilty of oppression, fraud or malice, an injured party may also be entitled to punitive damages in an amount to punish the defendant. Civil Code Section 3294(a). Developing case law is setting limits at to the amount of punitive damages that can be awarded in any given case.
If you or a family member have experienced a catastrophic injury or wrongful death because of the wrongful conduct of another person or company, you may be entitled to compensation. Please contact us to get your questions answered today! Go to www.jacksonwilson.com for an instant case evaluation or give us a call at 1-800-661-7044
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