What Types of Damages Are Recoverable In A Personal Injury Case?

Unfortunately, there is no way to turn back time to fully unwind the harm suffered by someone injured because of another person. In most cases, the only available remedy for the injured is monetary award by settlement or judgment. Compensatory or actual damages are recoverable to make the injured person restored as much as possible to preinjury condition. Compensatory damages include both “special” and “general” damages.

Special damages, also known as economic damages, consist of all out-of-pocket losses such as past and future:

  • medical expenses;
  • lost wages;
  • lost earning capacity; and
  • property damage.

General damages, also known as non-economic damages, consist of all intangible losses such as past and future:

  • physical pain;
  • mental suffering;
  • loss of enjoyment of life;
  • disfigurement;
  • physical impairment;
  • emotional distress;
  • inconvenience;
  • grief;
  • anxiety; and
  • humiliation.

In reprehensible situations, the injured may also be awarded punitive damages to punish the wrongdoer or deter similar conduct. By a heightened standard of proof known as clear and convincing evidence, the injured person must prove that the wrongdoer acted with intent to cause injury, acted despicably with conscious disregard for the safety of others, or acted fraudulently.

No two cases are alike because damages are unique to each person. At Lee & Kim LLP, we provide individualized assessment of damages by personally getting to know our clients and learning with particularity how our clients have suffered, or are still suffering, because of another’s intentional acts or negligence.

If you’ve been harmed because of someone else, give us a call at (213) 468-8840. We’re here to FIGHT FOR YOUR RECOVERY.

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