What Compensation Can Injured Victims Recover?
Victims and families who suffer damages as the result of another's negligence or wrongful conduct may have a right to recover financial compensation for their losses. To recover compensation, victims must prove that the actions of another person or party more likely than not caused their accident and injuries. While proving liability is essential to a successful personal injury claim, proving the extent of a victims' damages is also crucial to recovering complete compensation.
While all personal injury cases are unique and although each victim and family experiences different damages, our legal team makes it a point to clearly illustrate the unique losses of our clients. Depending on the nature of an accident and injury, victims – and in some cases family members – may be eligible to recover compensation for the following:
Economic damages are those that cause direct financial losses for victims and their families. In most cases, the largest economic damages are the costs of medical care, including past and future medical expenses, and lost work wages and future earnings. In order to recover the full amount of compensation victims require, our legal team works with medical experts to establish the severity of injuries and the need for future medical care and treatment.
Non-economic damages generally refer to emotional injuries, which are difficult to equate into monetary sums. Examples of non-economic damages may include a victim's pain and suffering, loss of quality or enjoyment of life, and a family's loss of companionship and emotional support.
In some personal injury cases – but not all – victims may be eligible to recover an additional form of compensation known as punitive damages. Punitive damages, also known as exemplary damages, are typically awarded in cases in which victims are injured as the result of a wrongdoer's gross act of negligence or intentional misconduct. Punitive damages are designed to further punish wrongdoers for egregious conduct and to deter others from committing similar acts. Our legal team can help you determine if you may be eligible to pursue a recovery of punitive damages.
If you would like to learn more about your right to recover your damages and how The McClellan Law Firm can fight to maximize your compensation, call 619-215-1488 for a FREE consultation with a San Diego personal injury lawyer.