In a California personal injury claim you can generally recover economic damages such as medical bills and lost wages, non-economic damages such as pain and suffering, and, in rare cases involving egregious conduct, punitive damages.
Written by Babak Hashemi, Esq.In a California personal injury claim you can generally recover economic damages such as medical bills and lost wages, non-economic damages such as pain and suffering, and, in rare cases involving egregious conduct, punitive damages.
California recognizes three broad categories of damages: economic (your measurable financial losses), non-economic (the human cost of an injury), and punitive (reserved for especially reckless or intentional conduct).
Most claims center on the first two.
These cover your out-of-pocket and financial losses, including past and future medical treatment, lost wages, reduced earning capacity, and property damage. Documentation, bills, pay stubs, and records, is what proves them.
These compensate for pain and suffering, emotional distress, loss of enjoyment of life, and similar harms that do not come with a receipt. They are real and often significant, but they require skilled presentation to value fairly.
In rare cases where the at-fault party acted with malice, fraud, or conscious disregard for safety, a court may award punitive damages to punish and deter. These are the exception, not the rule.
California follows comparative fault, so if you were partly responsible, your recovery is reduced by your share. Even a partial fault finding does not necessarily bar a claim.
This is general information, not legal advice. For an assessment of the damages in your case, contact The Hashemi Law Firm for a no fee case evaluation.
Damages are not limited to bills already incurred. Anticipated treatment and reduced earning capacity can be part of a claim, but they generally require supporting medical or vocational evidence.
This is a common area where unrepresented claimants settle for less than the full scope of their losses.
California follows a comparative fault rule, so a recovery is reduced by the injured person's share of responsibility. Being partly at fault does not bar a claim.
Insurers frequently raise comparative fault early, which is one reason preserving evidence from the scene matters.
Learn more about our California personal injury practice, or read related articles on our blog.
The Hashemi Law Firm represents clients throughout California from two Orange County offices — Foothill Ranch and Costa Mesa — with service across the San Francisco Bay Area and the Inland Empire and San Diego. Call (949) 464-8529 or contact us for a no fee case evaluation.
Every situation is different. For advice about your specific matter, contact The Hashemi Law Firm for a no fee consultation.
Generally economic damages such as medical bills and lost wages, non-economic damages such as pain and suffering, and in rare cases involving egregious conduct, punitive damages.
Yes. Non-economic damages compensate for pain, emotional distress, and loss of enjoyment of life, though they require careful presentation to value.
No. Under California's comparative fault rule a recovery is reduced by your share of responsibility rather than eliminated.
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