Beyond Medical Bills: 5 Types of Damages You Can Recover in Injury Cases
When you think about a personal injury claim, it’s easy to focus on medical bills. While these are a major part of any injury case, they are not the only losses you can recover under California law.
In many situations, the full scope of recovered damages may be much broader. Listed below is an overview of additional compensation categories that may apply in your injury claim and how they can affect your total damages recovery.
Lost Income and Reduced Earning Capacity
Let’s say your injuries keep you from working, maybe a few days, several weeks or even months; you may be compensated for the wages you’ve missed. This compensation includes not just your base pay, but also overtime, bonuses, or other employment benefits you may have earned if you had not been injured.
In a more serious case, you may not have been able to return to the same type of work, work the same number of days or hours, or maybe even advance into a new, higher-paying position. In California, the law allows recovery for a lost earnings capacity, a reflection of the long-term financial impact an injury has on your career path and overall earning potential.
Pain, Suffering, and Emotional Distress
Physical pain and emotional trauma from an injury and the resulting recovery are real, measurable losses, and state law recognizes that. Damages could include chronic pain, anxiety, depression, sleep disruption, PTSD symptoms, and a general loss of enjoyment of life due to your injury. These types of damages can often represent a significant portion of a negotiated settlement or trial verdict.
Personal Property Damages
If personal property, like your car, clothing, or phone, for example, is damaged as part of an injury you may be entitled to reimbursement for repair or replacement.
Future Medical Care
Your injury may require long-term, or even lifelong treatment or therapies. California law allows for the recovery for future medical expenses, including physical therapy, surgeries, injections, medications or assistive devices. Caregiving support, or other medically-necessary interventions your doctors expect you to need over time, may also be recovered.
Loss of Consortium
An injury may temporarily or permanently affect your relationship with your spouse or domestic partner; this could be emotional, physical or even just a loss of companionship. State law recognizes these through loss of consortium damages.
Insurance companies will usually focus on your immediate medical bills. Those bills, however, rarely reflect the full physical, emotional and mental impact of your injury. It’s important to understand the complete picture of your injury, all of its impacts and the complete damages you are entitled to. At BKHC, identifying those damages and securing a maximum settlement are always our top priorities. Call us for a free initial consultation at 619-842-3232. No fees are incurred by clients unless compensation is awarded.
