Frequently Asked Personal Injury Questions
What Damages Are Available After an Injury?
There are two main types of damages, or compensation, an individual can recover for after an injury, economic and non-economic damages. Economic damages, as the name suggests, compensates for financial losses the injured party suffers such as medical bills, future medical expenses, and the inability to work. These types of damages are usually easily quantifiable since they are compensating you for a specific lost amount.
Non-economic damages, on the other hand, compensate for more abstract losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. Non-economic damages are more difficult to quantify, as such they are also called “general damages.” An experienced attorney from our firm will be able to help you determine how much in non-economic damages to pursue. The state of California does place a limit, or cap, on how much an individual can recover in non-economic damages in medical malpractice cases.
There is a third type of damages, called punitive damages whose main purpose is to punish the negligent party rather than compensate the injured party. Punitive damages are usually reserved for cases where the negligent party knew their actions would cause harm but did so anyway, as such they are not often awarded
How Long Do I Have to File a Claim?
California has a two-year statute of limitations on personal injury cases. This means you have two years from the date of your injury to file a claim or you may lose your right to compensation. If your claim is against the state, a county or city the statute of limitations changes to six months.