Personal injury victims can generally pursue compensation for special damages and general damages. Together, these damages are called compensatory damages, which are designed to make a plaintiff whole after being injured due to the negligence of others, as explained by Civil Code §3333. If you have questions about the compensation you may be entitled to after an accident, contact us for a free case review and learn how our esteemed personal injury attorneys in Carlsbad can help you pursue the full recovery you deserve.
Special Damages
Special damages are economic damages. This category of damages covers losses that have a direct financial impact, now or in the future. Common Examples of special damages in California personal injury claims include the following:
Medical Expenses
Special damages can include medical bills that you already paid for, ongoing medical care, and future medical expenses. To recover compensation for past medical expenses, you must be able to show the reasonable cost of reasonably necessary medical care that you received.
To recover compensation for future medical expenses, you must prove that the medical expenses are reasonably priced, reasonably necessary, and reasonably certain to be needed in the future.
To meet these requirements, you may need help from a medical expert.
Lost Wages
You have the right to seek compensation for the income you lost due to the accident and the injuries you sustained. This includes compensation for lost:
- Wages
- Salary
- Bonuses
- Tips
- Commissions
- Other financial earnings or fringe benefits
Pay stubs, statements from employers, and tax forms can help prove the value of these losses.
Loss of Future Earnings
Loss of future earnings compensates for all of the above losses that you would have received if the injury did not occur, as well as Social Security contributions, benefits, and retirement contributions you would have made in the time when you were recovering from your injuries.
Inability to Pursue a Career
You can also pursue compensation for the losses associated with being unable to pursue your intended career. These damages consider the amount you would have earned and the amount you are likely to earn in alternative employment.
Vehicle Damages
You can seek compensation for the costs of repairing your vehicle. If those costs exceed its market value, you can pursue compensation for its replacement value.
General Damages
General damages are often referred to as non-economic damages, as they compensate victims for subjective losses that are more difficult to quantify. This includes mental suffering and the physical pain caused by the accident and injury.
Under this broader umbrella are various types of losses for which you can pursue financial compensation, such as:
- Physical pain you endured
- Physical pain you will likely endure in the future
- Fright
- Nervousness
- Anxiety
- Shock
- Worry
- Mortification
- Terror or ordeal
- Apprehension
- Embarrassment and humiliation
- Indignity
- Grief
- Loss of enjoyment of life
Your own testimony, testimony of loved ones, and expert witness testimony can help establish the existence and value of these damages.
Contact Us to Learn More About the Damages You Might Be Entitled To
If you were injured in a car accident caused by someone else’s negligence, California law gives you a pathway to pursue compensation for the losses that you suffered and will likely suffer in the future. The skilled Carlsbad car accident lawyers at the Miller & Steele Law Firm can explain your legal rights and options during a free case review. Contact us today to schedule yours.