Types of Recoverable Damages in a Personal Injury Claim

Getting hurt due to someone else’s negligent actions is more than an inconvenience. It can lead to significant pain and suffering and massive financial setbacks. However, injury victims are often able to recover compensation for their losses, sometimes through a settlement with insurance carriers and other times as a result of a personal injury lawsuit filed in civil court against the at-fault party. 

As we review the possible damages available for a personal injury claim in Oakland, we encourage you to call a lawyer about your case to review the best options moving forward for your particular situation.

What Are Damages in a Personal Injury Claim?

In legal terms, “damages” refer to the compensation awarded to a person who has been harmed by another party’s negligence or wrongful act. Damages fall into two main categories: economic (or “special”) damages and non-economic (or “general”) damages. Each category covers different types of losses, and the amount recoverable will vary depending on the unique aspects of your Oakland car accident case. Punitive damages (sometimes called “exemplary damages”) may also be awarded to hold the at-fault party accountable.

Economic Damages: Compensating for Financial Losses

Economic damages are meant to cover specific financial costs that result from an injury. These damages are generally easier to calculate because they are based on tangible expenses. Below are the main types of economic damages typically sought in a personal injury claim:

  • Medical expenses. This is one of the most significant components of economic damages. Medical expenses include everything from emergency room visits, surgeries, and hospital stays to follow-up appointments, medication, and rehabilitation. In cases where injuries require long-term or lifetime care, future medical expenses may also be included in the damages.
  • Lost wages. If the injury prevents you from handling job-related duties, you may get compensation for the income you have lost. Lost wages account for the time you were unable to work due to your injury, whether for days, weeks, or months. It is essential to keep records of work hours missed and any pay stubs or income statements.
  • Reduced earning capacity. Some injuries can impact your ability to earn income in the future. For example, if a back injury prevents you from performing previous job duties, you may be able to claim damages for reduced earning capacity. This type of damage often requires an expert assessment to estimate the long-term financial impact.
  • Property damage. If your personal belongings, such as a car, cell phone, or other items, were damaged in the incident that caused your injury, you can recover the cost of repairs or replacement.
  • Out-of-pocket expenses. These are other costs directly related to your injury, such as travel costs for medical appointments or home modifications (like wheelchair ramps or handrails) needed due to your injury. Keeping receipts and records is essential for these additional costs.

Non-Economic Damages: Addressing the Emotional and Psychological Impact

Unlike economic damages, non-economic damages are not based on out-of-pocket costs. Instead, they compensate for the less tangible aspects of an injury’s impact—often the emotional and mental effects of an injury. Calculating non-economic damages is more subjective, as they address the personal impact of the injury rather than a specific financial loss. Here are some common types of non-economic damages in a personal injury claim:

  • Pain and suffering. This includes the physical pain and discomfort you experience due to your injury. Pain and suffering damages take into account the severity of your injuries, the type of treatment required, and the long-term impact on your quality of life.
  • Emotional distress. Serious injuries can lead to anxiety, depression, post-traumatic stress disorder (PTSD), and other types of severe mental distress. Damages for emotional distress acknowledge the psychological toll an injury may have on your life, beyond the physical pain.
  • Loss of enjoyment of life. When injuries prevent you from participating in activities you once enjoyed, this loss of lifestyle quality can be compensated. For example, if a person who loved sports or outdoor activities is no longer able to participate, this change can lead to a significant loss of enjoyment.
  • Loss of companionship and consortium. For those who are married, an injury that impacts one’s ability to provide companionship or affection can also affect their spouse’s well-being. Loss of consortium damages may apply when a spouse is deprived of the companionship, support, or intimacy they once shared with the injured party.

Punitive Damages: Holding the At-Fault Party Accountable

Punitive damages are less common and are intended not as compensation but as a punishment for particularly egregious behavior by the at-fault party. Punitive damages could be awarded in situations where the at-fault party acted with gross negligence, malice, or intentional misconduct.