DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.
We practice law only in California and each state's laws are different. You should immediately contact a local experienced attorney in your town or state. Here's a general overview regarding personal injury damages…
In most cases and at the very least, a person who has been injured or a family who has lost a loved one through the fault of another is entitled to "be made whole" or to be restored insofar as is possible to his or her preinjury status through "compensatory" damages.
Generally speaking, this includes both economic damages such as medical bills, property damage and lost wages and non-economic damages such as emotional distress and pain and suffering. Past, present and future damages are normally discounted to their present lump sum value.
Depending on the facts of your case (and the ability and reputation of your lawyer), these damages might include one or more of the following...
Medical Expenses- This includes the reasonable value of all medical expenses that have been incurred, and are reasonably expected to be incurred in the future, as a result of the injury or death. Medical bills, reports and doctors' testimony are all used to prove these damages.
Loss of Earnings- This includes the reasonable value of working time lost or expected to be lost on account of the injury or death. Wages, commissions, bonuses, fringe benefits and all other earnings are compensable damages. This also includes an "impaired earning capacity" which simply refers to the extent to which the injury has interfered with an injured person's ability to advance to a better paying position or alternative career.
Pain and Suffering- This is usually the most valuable element of a bodily injury claim and includes compensation for the past, present and future pain and suffering an injured person goes through or is expected to go through because of an accident. Reasonableness is the only limit on the amount of pain and suffering damages which can be awarded.
Additional related "intangible damages" may also be awarded to compensate an injured victim for the impaired enjoyment of life (an inability to enjoy life), disfigurement and the shorting of life expectancy.
Emotional Distress- In some cases, an injured party may be entitled to reasonable compensation for all fear, anxiety and other emotional distress suffered or to be suffered in the future.
