In a California personal injury case, a victim or plaintiff can be awarded compensatory damages to make up for losses suffered because of the negligence of another person. Compensatory damages are broken down into two types: general and special. Together, these damages are designed to make the victim whole again.
If you have questions about the compensation you may be entitled to, an experienced San Francisco personal injury lawyer from Jacoby & Meyers can evaluate your case and explain your legal options.
Special Damages
Special damages encompass the monetary or economic losses caused by an accident. A special damage award as part of a settlement or judgment is meant to reimburse the victim for financial losses suffered, both now and in the future.
Common types of special damages are:
- Medical bills
- Lost wages and income
- Diminished capacity to earn a living
- Disability expenses
- Out-of-pocket costs
- Personal property damage
Special damages are specific and calculated based on real numbers found in bills, receipts, wage statements and other documentation. However, this doesn’t stop insurance companies from attempting to pay less than the claim is truly worth.
General Vs. Special Damages in California Injury Cases
General Damages
General damages refer to non-economic or intangible losses suffered by the victim because of an accident and injury. They are also called “pain and suffering.” They are referred to as general damages because they are subjective losses that do not have a specific dollar amount tied to them.
Examples of general damages include:
- Physical pain and suffering
- Emotional distress
- Psychological trauma
- Post-traumatic stress disorder
- Depression or anxiety
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
Calculating general damages in a California personal injury case can be difficult, as this amount is not based on specific bills, receipts or costs. Instead, it is calculated according to the severity of the victim’s injuries and related pain.
Multiplier vs. Per Diem Method of Calculation
An insurance company, judge or jury can use any method they like to assign a value in general damages during a California injury claim. However, two common equations are used most often:
- The Multiplier Method takes the amount of special damages awarded to the plaintiff and multiplies it by a number, often between 1.5 and 5, based on the seriousness of the injury.
- The Per Diem Method assigns a daily amount in general damages (often equivalent to the victim’s daily wage) and multiplies it by the number of days the victim will experience pain and suffering.
Collecting fair general damages is something a personal injury attorney can help with. A lawyer can use medical evidence, mental health records, witness statements and other proof to seek a fair amount for “invisible” losses. An attorney’s storytelling capabilities can help demonstrate these objective losses for maximum compensation.
How to Maximize Damages in a California Injury Case
Insurance companies often take advantage of claimants by downplaying their injuries, devaluing their claims and denying valid cases. To receive fair financial compensation for your injury case in California, you need to hire an injury lawyer to represent you during insurance settlement negotiations.
A lawyer can accurately calculate your damages, prove your losses and combat insurance company tactics to help you achieve more for your claim. If you or someone you love suffered a serious injury in an accident in San Francisco or anywhere else in California, contacting an attorney is the next step. Contact Jacoby & Meyers today for a free consultation about your damages to learn more.