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Types of Compensatory Damages that Can Be Claimed in a Personal Injury Case

COMPENSATORY DAMAGESTypes of Compensatory Damages that Can Be Claimed in a Personal Injury Case

The first step in handling any personal injury case is to obtain the services of a San Diego personal injury attorney. Meanwhile, the examination of probable damages is the final step in defining the worth of any San Diego Personal injury claim.

“All individuals who suffer disadvantage as a result of another’s unlawful conduct or omission may claim from the person who is at fault a recompense in money, which is known as damages,” according to Civil Code 3281.

In a personal injury case, there are several sorts of damages that you can recover, the first of which is known as compensatory damages.

Compensatory Damages

Compensatory damages aim to “make the plaintiff whole,” meaning an attempt to place the injured person in the exact circumstance they’d be in had the accident not occurred, also referred to as the “made whole” statute.

The courts do not provide the jury any specific instructions on how to calculate compensatory damages. The case facts determine it, and a San Diego Personal Injury Lawyer will ensure that happens.

“Special” and “General” damages are the two forms of compensatory damages. Non-financial damages, such as suffering and pain, fall under general damages. Economic damages include lost salaries, medical bills, and any out-of-pocket expenditures faced as a result of the injury.

Special Damages

Medical Expenses: In a personal injury action, the plaintiff qualifies to collect the reasonable value of medical expenses. A personal injury attorney in San Diego will help you show the following for past medical expenses:

  1. The reasonable cost of medical care that is considered necessary
  2. That any medical expenses claimed are reasonable compared to the cost of the treatment and the necessity of the treatment, and that the treatment is for the defendant’s injury.

With sufficient proof of the medical costs, the plaintiff can show this in court. An expert medical witness can substantiate the medical claims. To be entitled to compensation for future medical expenses, the plaintiff must show that:

Medical expert testimony will be required once again to demonstrate this proof in court.

In terms of medical bills, the correct value for assessing the acceptable amount of medical bills for past medical expenses is the amount paid or required to be paid, not the actual bill.

Most health insurance companies have agreements with other companies to provide services at a discounted fee, and the court uses this rate to calculate damages.

Meanwhile, damages received as a result of an injury are not taxable. Nonetheless, unless you use the damages for medical care, damages granted for pain and suffering when there is no underlying physical harm are liable to taxation. Punitive damages are also taxed.

Loss Of Earnings – The plaintiff is allowed additional “special damages,” such as lost earnings, upcoming earnings, and the incapacity to seek a livelihood.

Any monetary earnings or fringe privileges that you may have obtained if the injury had not occurred are included in the loss of wages. Those who have been conventionally employed will be eligible to recover any wages that have been lost or will be lost as a result of their absence from work.

Inability to Pursue a Career – If the injury is severe enough that the injured party will not pursue their intended career, they may be entitled to compensation. In this case, the percentage of the damages must reflect what you would have received less the quantity that you will gain from any additional employment if that is even possible.

How a Personal Injury Lawyer in San Diego Can Help

Damages law is a complicated area of law that the Law Offices Of Keith J. Stone are aware of and equipped to handle. Therefore, If you have a personal injury claim in San Diego, they are familiar with the law governing damages and will help you seek the best compensation.




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