What Are Compensatory Damages?
Personal injuries can happen in the blink of an eye, but the aftermath may last a lifetime. When you are a victim of an injury caused by someone else’s negligence, you are entitled to compensatory damages. What exactly are compensatory damages, and how do you get them? We answer these questions below. If you are in the Antelope Valley and have been injured by another party in a car or truck accident, a slip and fall on another’s dangerous property, a dog bite or animal attack, or have suffered any personal injury because of the negligence of another, contact Kistler Law Firm for a free consultation with a skilled and experienced
Lancaster personal injury lawyer.
Kistler Law Firm, a renowned California personal injury law firm, is here to guide you through the legal intricacies of compensatory damages and how to claim them.
Understanding Compensatory Damages in a Personal Injury Claim
Compensatory damages are financial awards granted to a victim to cover the losses suffered as a result of another’s wrongful act. In California, these damages aim to put the injured party as completely as possible back in the position they would have been in had the injury not occurred.
Compensatory damages in a personal injury case can be divided into two further classes: economic damages and noneconomic damages. Economic damages relate to tangible financial losses that can be objectively determined. Examples include:
- Medical Expenses: All costs related to medical treatment, rehabilitation, and ongoing care.
- Lost Wages: Any income lost due to the injury, including potential future earnings.
- Property Damage: Costs to repair or replace damaged property.
Noneconomic damages, on the other hand, are more subjective and include losses that cannot be so easily calculated, though they are no less real or valuable than economic damages. Examples of noneconomic damages include:
- Pain and Suffering: Emotional distress, mental anguish, and physical pain endured.
- Loss of Consortium: Impact on relationships with spouse or family members.
- Emotional Trauma: Long-term psychological effects from the horror of the accident or lasting impacts such as scarring or disfigurement.
How are Compensatory Damages Calculated?
Calculating compensatory damages can be a complex process. It requires careful evaluation of both economic and noneconomic losses. The factors that influence this calculation may include:
- Severity of the injury
- Long-term effects on quality of life
- Impact on earning capacity
- Costs of ongoing care and rehabilitation
California law considers various elements in determining the amount, and having an experienced personal injury attorney by your side can be vital in ensuring you receive a fair evaluation. It’s important not to settle your claim before the nature and extent of your injuries are fully known, which can take weeks or months. If you accept the insurance company’s offer without seeing an attorney first, you are very likely missing out on thousands of dollars that could otherwise be yours.
Role of a Personal Injury Attorney at Kistler Law Firm
At Kistler Law Firm, our Lancaster personal injury attorneys play a crucial role in helping clients obtain a fair amount of compensatory damages from the liable party. Our lawyers are well-versed in California’s personal injury laws and will:
- Assess Your Case: Determine the type and extent of damages applicable to your case.
- Gather Evidence: Collect all necessary evidence to substantiate your claim.
- Negotiate with Insurance Companies: Work tirelessly to obtain a fair settlement.
- Represent You in Court: If a settlement cannot be reached, we can represent you in court to fight for the compensation you deserve.
Contact Kistler Law Firm Today
Understanding compensatory damages is a crucial step toward your recovery after a personal injury. Kistler Law Firm’s dedicated Lancaster legal team is here to guide you through the process, ensuring that you are justly compensated for both economic and noneconomic damages.
Should you find yourself in need of assistance with a personal injury claim, Kistler Law Firm is ready to help you navigate the complex landscape of California personal injury law. Call us today at 661-206-6990 to begin your path to recovery.
