Personal injury damages in California are intended to make an accident victim whole again by compensating him or her for the injuries and damages caused by the intentional, reckless or negligent acts of another person or legal entity. Section 3281 of the California Civil Code provides that when a person suffers damages from the intentional, reckless or negligent act of another “may recover from the person in fault a compensation therefor” known as damages from that person or legal entity.

Economic Damages

Damages might be economic or non-economic. Economic damages are those that are suffered and have a sum certain price tag attached to them such as medical expenses following a car accident. Other types of economic damage might include lost earnings, any property damage and any out-of-pocket expenses.

Non-Economic Damages

Non-economic damages don’t involve a sum certain. They might even be difficult to compute because of their subjectivity. They’re intended to compensate a claimant for damages like pain, suffering, loss of consortium, permanent disability or disfigurement, even the loss of enjoyment of life or the loss of an arm or a leg as a result of an accident. Both economic and non-economic damages can be sought in a wrongful death case too.

How are Compensatory Damages Determined in California?

In California, compensatory damages are ordinarily determined in the following way:

• Investigation of the Claim: When a victim of an accident presents a claim, the defendant investigates it by reviewing medical records, police accident reports and taking the statements of any witnesses to the occurrence. It is essential that all victims, obtain a police report, record contact information of witnesses and document the incident and any care received after, to protect their rights.
• Making a Determination of Fault: Fault might include more than just a single party. When both a victim and a defendant are both at fault, California will rely on the law of comparative negligence. As California is a pure comparative fault state, you can recover damages, even if you’re 99% at fault for an accident.
• Settlement of a California Personal Injury Claim: When a California defendant’s insurer has arrived on a determination of liability, it will advise his or her attorney accordingly, and after some back and forth, the claim typically settles. If it doesn’t settle, the parties are sent for either a bench trial when a judge hears the evidence and determines the case or a jury trial when a jury hears the evidence and determines liability. Barring an appeal, trial of a case is final.

The Statute of Limitations:

California has set a deadline for filing a personal injury lawsuit. That deadline is two years from the date of the accident pursuant to the Cal. Civil Code 335.1. Failure to file within the time prescribed by the statute is generally cause for a dismissal of a case forever. Different limitations periods apply in California, so it’s best to consult with an experienced and effective lawyer.

Remember that the intent of an award of damages in a personal injury case is to make the victim whole again. That’s the law, and the California Civil Code Provides for them. After any California accident, victims should consult with and retain an experienced and effective California personal injury attorney to represent their best interests.