PERSONAL INJURY / DAMAGES – Compensatory Damages for Personal Injuries
September 10, 2019
In California personal injury plaintiffs are compensated with compensatory damages in the majority of civil cases. Civil cases where plaintiffs are compensated with compensatory damages include: Intentional Torts, Negligent Claims, and Contract Actions. Below is a chart describing the most common types of Intentional Torts, Negligent Claims, and Contract Actions:
|Common Causes of Action
|Assault: The imminent fear for one’s well-being
Battery: Unauthorized touching of a person
Misrepresentation: Deceit; deliberately misleading another
Conversion: Unauthorized transfer of money or property
Intentional Infliction of Emotional Distress: Doing mental or psychological harm by act or by omission
Defamation, Libel, and Slander: Damage to a party’s reputation, image or standing in the community
Wrongful Imprisonment (or False Imprisonment): Restriction of an individual’s freedom of movement, physically or mentally
Malicious Prosecution and Abuse of Process: Forcing a party to defend him or herself against baseless prosecution
Trespass and Nuisance (these are environmental torts): Unwarranted and unauthorized entry onto property, or devaluing the enjoyment of property due to the intrusive acts of another
|Negligence: Establishment of a duty, followed by a breach of that duty, and an establishment of damages. (For compensation to be awarded, it must be established that the negligence was the proximate cause of the damages.)
Negligence per se: Negligence while violating the law
Wrongful Death: Death caused by another’s negligence
|Breach of Contract: Failure to fulfill certain written or oral commitments
Bad Faith: Entering into an agreement with no intention of fulfilling obligations
Breach of Fiduciary Duty: Failing to act in the best financial interest of a party when there exists an obligation to do so
What are Compensatory Damages? https://dianalegal.com/personal-injury-personal-injury-damages-compensatory-damages/
Additionally, we have included our California personal injury damages chart discussing specific damages (economic damages), general damages (non-economic damages) and punitive damages (exemplary damages). Available damages in California personal injury matters are discussed below in our damages chart:
|Type of Damages
|Special Compensatory Damages/ Economic Damages
|Special damages are unique to the individual plaintiff and vary significantly from one plaintiff to the next. An award for special damages compensate a plaintiff for costs and expenses incurred as a result of the incident or accident that caused their injuries.
|Common types of special damages:
· loss of earnings
· property damage
· loss of future earnings
· past medical expenses
· cost for future medical care
· cost of household expenses
· reimbursement for cancelled trips or altered plans
|General Compensatory Damages/Noneconomic Damages
|General damages compensate a plaintiff for non-monetary damages incurred in a personal injury claim.
|Common types of general damages:
· physical pain
· loss of enjoyment of life
· emotional distress
· mental anguish,
· pain and suffering,
· loss of enjoyment
· loss of consortium or companionship
|Punitive damages are only awarded to an injured plaintiff when the defendant’s conduct was despicable or reprehensible. Punitive damages are designed to punish a wrongdoer for the wrongful conduct and discourage similar conduct in the future.
|Punitive damages are awarded when the defendant engaged in malicious, oppressive or fraudulent conduct.
· Malice: means that the defendant acted with intent to cause injury or with willful and knowing disregard of the rights and safety of another.
· Oppression: means the defendant’s conduct was despicable and the plaintiff was subject to cruel and unjust hardship in knowing disregard of their rights
· Fraud: means the defendant intentionally misrepresented or concealed a material fact and did so intending to harm the plaintiff
If you have any questions about your personal injury case, how pain and suffering is calculated or damages in general, we invite you to call us today at 619-432-5145 for a free consultation with one of our experienced damages attorney or pain and suffering lawyers.