Protecting Your Rights In California Since 1986

  1. Home
  2.  » 
  3. Firm News
  4.  » What Are Recoverable Damages in a Personal Injury Lawsuit?

What Are Recoverable Damages in a Personal Injury Lawsuit?

On Behalf of | Nov 21, 2013 | Firm News

This is a big topic that has many different scenarios. Let’s look at a typical type of case, namely an auto accident with no fault of the injured driver.

The first component of recovery are medical expenses. Any costs related to the ambulance, emergency room, primary care physician, chiropractic care or physical care are encompassed within medical expenses. The defendant (or their insurance company) may disagree with respect to the amount of care necessary, or the amount of the costs. As a general rule, however, medical expenses are a recoverable damage.

Property damage is also a recoverable claim. The costs associated with repairing or replacing your vehicle are included in this category.

Lost wages are also an area of recovery. If you are forced to miss work for any period due to an injury, you are able to seek recovery from the defendant.

The primary area of dispute in a Personal injury case involves “general damages.” The law provides that an injured party is entitled to recover more than just medical expenses lost wages, and property damage. General damages are commonly referred to as pain and suffering.

The effects of a personal injury can last a lifetime. The pain and trauma of an injury is more than just medical treatment. General damage encompass the pain and trauma of an injury, and the residual affect that can’t be quantified into a medical bill. There is no formula for determining general damages. These are damages that are left up to the discretion of the jury. This is a broad overview of damages that may be recoverable from a defendant who causes injury.

Share This