Wednesday, May 18, 2022

What Types of Damages Can a Judge Award an Injured Plaintiff in California?

There are many types of damages that a judge can award to a prevailing plaintiff in a California personal injury case. Damages awards are typically divided into three main categories: economic, non-economic, and punitive damages awards. 

Since punitive damages are rarely awarded and will be discussed in further detail below, the remainder of this section will focus on the kinds of economic and non-economic damages that an injured plaintiff can receive instead.

Economic damages are used to reimburse the plaintiff for actual, measurable losses caused by an injury. Some common types of economic damages in California personal injury cases may include:

  • Lost wages and future earnings;
  • Loss of earning capacity;
  • Repair or replacement of property; and/or
  • Compensation for medical expenses (both future and past).

On the other hand, non-economic damages are a form of compensation, but they are meant to cover injuries that are unquantifiable or difficult to measure. Some common types of non-economic damages in California personal injury cases may include:

  • Emotional distress;
  • Pain and suffering;
  • Disability or disfigurement;
  • Loss of enjoyment of life; and/or
  • Loss of reputation. 

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