In California, economic damages refer to compensation for the financial losses suffered as a result of personal injury. These damages are intended to reimburse the injured person for verifiable and quantifiable expenses directly resulting from the injury.
Common types of economic damages in personal injury cases in California include:
- Medical Expenses:
- Past and future medical costs for treatment, surgery, rehabilitation, therapy, and other medical care related to the injury.
- Costs for medications, medical equipment, and any necessary assistive devices.
- Lost Wages:
- Compensation for wages or salary lost due to the inability to work after the injury. This can include both past lost wages and projected future lost earnings if the injury causes long-term or permanent disability.
- If the injury affects the person’s ability to earn a living, a future loss of earning capacity may also be calculated.
- Property Damage:
- If personal property (e.g., a vehicle) was damaged in the incident, economic damages may cover the cost of repairs or the replacement value of the property.
- Out-of-Pocket Expenses:
- Any additional costs directly related to the injury, such as transportation to medical appointments, home care services, or other necessary services.
- Loss of Household Services:
- If the injured party is unable to perform normal household tasks (e.g., cleaning, cooking, childcare), economic damages can compensate for the cost of hiring someone to perform those services.
How Economic Damages Are Calculated:
- Medical Expenses: These are typically substantiated with medical bills, treatment records, and expert testimony regarding the cost of future care.
- Lost Wages: Pay stubs, tax returns, and a calculation of the injured person’s earning capacity may be used to determine the amount.
- Property Damage: Receipts or appraisals for the cost of repairs or replacements can serve as proof.
- Out-of-Pocket and Household Services: Receipts and invoices for services or care provided may be used to substantiate these claims.
Limits on Economic Damages:
California law does not impose a cap on economic damages in personal injury cases, so injured parties are generally entitled to the full amount of verifiable financial losses. It’s important to keep all documentation related to medical treatment, lost income, and other related expenses to maximize the amount of economic damages you can recover. Additionally, consulting with a personal injury attorney can help ensure that all your financial losses are accounted for and accurately presented.
