What is the difference between economic and non-economic damages in California? Have you been seriously hurt in an accident and are unsure of your next steps and legal rights? The support of an experienced attorney in California can make it much easier for you to file a lawsuit and get the compensation you need. Our attorneys have ample experience helping victims of all kinds of injuries navigate the legal process and help them to get maximum compensation. It is likely that you may have severe injuries and need to remain focused on your medical care. Let us help you with the impact of a personal injury lawsuit, which may include both economic and non-economic damages.
Economic vs. Non-Economic Damages
Economic damages are awarded to help restore a person to their pre-injury state. They are specific and easily quantifiable, such as your medical bills and lost wages from work.
Non-economic damages, however, can be more complicated to capture. They can include things such as compensating the victim for their pain and suffering or other issues they sustained, such as loss of consortium, disfigurement, or scarring from the accident. The amounts will vary depending on your circumstances and it is possible to recover both non-economic and economic damages as well as either one within a lawsuit. You’ll want to consult with an attorney as soon as possible after your legal case to give you the best chance to discuss your possible damages, keep track of any and all medical bills, as well as a journal of your overall medical condition and how the accident has affected your life. This can be extremely important evidence when making a claim for both economic and non-economic damages.
While you can recover both types of damages in a lawsuit, they must be proven. It is simpler to prove economic damages because you will likely have receipts for out-of-pocket treatments and copies of your medical bills.
However, it can be more challenging to showcase non-economic damages, which is why you may need to hire an expert witness to testify about the psychological damages that the accident has caused or other people to support how your life has changed. Economic damages are not so easily calculated, however, they do not currently have a cap.
Which Damages Have Legal Caps in California?
The only type of damages with legal caps are punitive damages, which are reserved for cases in which a defendant is guilty of gross negligence and recklessness. Punitive damages only are awarded in California if a jury determines that the defendant’s actions are unconscionable.
How Can I Claim Damages?
If you suffered injuries in a car accident, you need a qualified attorney who will thoroughly investigate the accident to determine the correct amount of damages. This can help to prevent you from problems in your case, such as being pushed into accepting a low ball settlement offer from the insurance company.
Should I Hire a Lawyer for Economic and Non Economic Damages?
Working with an attorney as soon as possible gives you a better scope of what to expect in the case and can help you navigate to get the maximum possible settlement or outcome in your case. Personal injury attorneys work on a contingency fee basis, which means they only recover a portion of the case winnings if you are successful in settlement or in court. Non-economic damages are intangible losses that you’ve suffered due to your injuries and you need an attorney who understands how to prove these. This can include numerous factors such as the length of your recovery period, the severity of your injuries, the impact that your injuries have on your daily relationships and life, and the strength of your evidence supporting your non-economic losses.
How Do We Calculate My Non Economic Damages?
Sometimes insurance companies and attorneys will use a multiplier to help value non-economic damages, such as multiplying your damages by a number between 1.5 and five, depending on the severity of your injuries and other relevant factors. Talk to an attorney as soon as possible after you get hurt in an accident to help protect you moving forward so that you understand what to expect.
