Compensatory Damages – What Are They?

David Azizi has spent the last 10 years making sure that clients receive the maximum amount of compensation. He’s done this in different types of personal injury cases from car accidents to slip and fall incidents. Whether it is a settlement or court case, David does not stop until his client gets what he or she deserves.

When an individual is compensated for injuries suffered, the recovery is referred to as compensatory damages. There are two types of compensatory damages. One is commonly referred to as economic or special damages and is paid to the victim for loss that is easily calculated using monetary value from documented records. The other type of damage, called noneconomic or general damage, cannot be calculated in quite the same way and is different based on the particulars of the case.

Economic Damages

Economic damages are paid for such losses as medical expenses, lost wages and property damage. Medical expenses can consist of current and future loss. For instance, an individual might incur the cost of hospitalization, doctor visits, medication and rehabilitation at the time of the accident and in the future.

The injured person’s ability to earn money might also be affected in the future. Calculations are based on a projection of what the individual might have earned had the accident not happened. Household duties that normally would not require outside service might be included. Such household duties are often linked to medical expenses.

Noneconomic Damages

Noneconomic damages are not as easy to quantify. It is often left to the court or jury to decide the extent of these damages.

Such general damages can include pain and suffering. This refers to the current and future pain and mental anguish an individual might experience after an injury. Mental anguish can include anxiety, extreme fearfulness, worry, apprehension, humiliation, grief, embarrassment and shock.

Noneconomic Damages – Personal Injury Calculator

Calculating noneconomic damages depends on various factors. It often relies on the type of injury, complexity of care, possibility of continuing issues and the emotional and mental distress involved. These include the seriousness of the injury, whether the victim received medical treatment and whether the injured person consistently kept medical appointments.

Comparative Negligence in California

California allows a plaintiff to file against a defendant for that portion of negligence and thus damages the defendant is liable for. This is referred to as the doctrine of comparative negligence. This means that, even if the plaintiff is partially responsible for the accident, the law allows the plaintiff to collect for the portion of damages he or she was not responsible for.

Specific Limits on Damages in California

Noneconomic damages have limits in some cases in California. There are two main areas where this occurs.

One is for uninsured drivers. California law disallows an uninsured driver from receiving damages for pain and suffering. However, if the other driver is driving under the influence, the uninsured driver can collect noneconomic damages.

The other involves the Medical Injury Compensation Reform Act. This act places a cap of $250,000 on medical malpractice noneconomic damages.

David Azizi – Recovering Maximum Damages

From investigative work, conferring with medical experts and documenting issues that face accident victims, David Azizi works to make sure his clients are fully and maximally compensated. He understands all too well that worries about paying bills places additional stress on the individual at a time when all their energy is needed to heal.

David is there for his clients, answering their questions and listening to their concerns. If you have been injured in an accident, calling David at 1-800-991-5292 or 213-673-1466 will give you the peace of mind you need.