What Kinds of Damages Are You Able to Sue For in California?

What Kinds of Damages Are You Able to Sue For in California?

In California, you are able to sue for three main types of damages after an accident: economic, non-economic, and in rare cases, punitive damages. This means you may pursue payment not only for measurable costs like medical bills and lost income but also for the physical pain and emotional distress the accident has caused.

The challenge is proving the full extent of these damages. The claims process is long, filled with paperwork, and it is easy to get frustrated as bills pile up, which leads people to accept a lower offer than they need. Plus, an insurance company's thorough investigation will look for any evidence to argue you were at fault in order to reduce what they have to pay.

However, California law provides a clear path to hold the at-fault party accountable for the harm they caused. The goal is to provide the resources you need to put your life back together.

If you have a question about the losses from your accident, call us at (858) 529-5872. Our team at Car Crash Ash Accident Lawyer is here to provide clarity.

First, The Tangible Losses: Understanding Economic Damages

The first category of damages we pursue is designed to make you financially whole again. These are called economic damages because a specific dollar amount is attached to each loss. They are the foundation of a personal injury claim, representing the objectively verifiable monetary losses you've suffered.

What Medical Expenses Are Covered?

This includes every medical cost related to the accident, from the first day of treatment to any care you may need years from now. These are typically the most significant component of an economic damages claim.

We document costs for:

• Emergency Care: Ambulance transportation, emergency room treatment, and any required hospital stays.
• Ongoing Treatment: Follow-up appointments with your primary doctor, specialist visits (like an orthopedist or neurologist), and prescription medications.
• Rehabilitative Therapies: This covers costs for physical therapy, occupational therapy, and chiropractic care needed to restore function.
• Future Medical Needs: For serious injuries, we work with medical professionals to project the cost of future surgeries, long-term care, or necessary assistive devices.

How Do You Calculate Lost Wages and Future Earning Capacity?

Compensation for lost work is not limited to the paychecks you have already missed. If your injuries impact your ability to earn a living long-term, you are entitled to compensation for that loss as well.

We prove this by showing:

• Lost Wages: The income you have already lost since the accident, including salaries, bonuses, and commissions. We gather pay stubs, employment records, and tax returns to create a clear record of this loss.
• Loss of Earning Capacity: This calculation addresses a long-term or permanent disability. It represents the difference between what you would have earned throughout your career and what you are now able to earn with your injuries. To prove this, we may work with financial and vocational professionals to project these future losses.

Does This Include Property Damage Costs?

Yes. The cost to repair or replace your vehicle is a standard economic damage. This also extends to any other property damaged in the crash, such as a phone, laptop, or child safety seat.

We also pursue diminished value claims. These claims account for the permanent loss in your car’s resale value, even after it has been fully repaired. This is a real, calculable loss that is commonly overlooked.

The Hidden Injuries: Pursuing Non-Economic Damages

The most significant costs of an accident are typically the ones that do not come with a bill. How do you put a number on the inability to sleep through the night because of pain, or the anxiety that now comes with getting behind the wheel?

California law recognizes these intangible losses as non-economic damages. They are real, they are legitimate, and you have a right to seek compensation for them. With a growing recognition of mental health, juries are increasingly acknowledging the impact of conditions like PTSD that develop after a traumatic event.

A fair outcome is one that acknowledges the full human cost of the accident, not just the economic fallout. This is about seeking justice for how the crash has rewritten aspects of your daily life.

Documenting these deeply personal losses requires a different kind of evidence. It involves telling your story in a way that the legal system values. This is where a personal journal, along with testimony from friends and family, are invaluable.

What Exactly Is "Pain and Suffering"?

This is a legal concept that encompasses the physical pain and mental anguish you endure because of your injuries.

It covers:

• Physical Pain: The actual, ongoing pain from your injuries. This could be chronic back pain that flares up after a rear-end collision or the persistent headaches from a whiplash injury.
• Mental Suffering: This includes anxiety, depression, fear, shock, and sleeplessness that stem directly from the trauma of the accident.

How Is Emotional Distress Proven?

While part of "pain and suffering," emotional distress also serves as a standalone claim for severe psychological injury. We demonstrate this through testimony from you, your family, and, if applicable, your therapist or counselor. A personal journal detailing your day-to-day struggles also serves as powerful evidence of the mental anguish you've experienced.

Can You Be Compensated for Loss of Enjoyment of Life?

Yes. This damage addresses your diminished ability to participate in and enjoy the daily activities that once brought you joy.

For example, a dedicated gardener who is no longer able to kneel to tend to their plants because of a back injury has suffered a tangible loss of enjoyment. The same is true for a parent who is no longer able to pick up their young child or an avid runner who is no longer able to compete.

What Is "Loss of Consortium"?

This is a distinct claim made by the uninjured spouse or registered domestic partner of the victim. It compensates them for the loss of companionship, support, affection, and intimacy they have suffered as a result of their loved one's injuries. It recognizes that when one person is seriously injured, their partner suffers a real loss as well.

When the At-Fault Party’s Actions Were Egregious: Punitive Damages

What happens when the person who caused your injuries wasn't just negligent, but acted with extreme recklessness or intentional malice?

California law allows for an additional category of damages in these specific situations: punitive damages. As defined in California Civil Code § 3294, these awards are not designed to compensate you for a loss. Their purpose is to punish the defendant for outrageous conduct and to deter others from acting similarly.

• A Higher Bar: The burden of proof for punitive damages is much higher than for other damages. We must show "clear and convincing evidence" of oppression, fraud, or malice.
• Examples of qualifying conduct:

• A drunk driver with several prior DUIs who causes a catastrophic injury.
• A driver who intentionally rams another vehicle in a "road rage" incident.
• A corporation that knowingly sold a dangerously defective product that caused your accident.

While reserved for the most serious cases, our team always conducts a thorough investigation into the defendant’s actions to determine if their conduct meets the high standard required to pursue punitive damages.

What Happens if You Are Partially at Fault?

California operates under a "pure comparative fault" rule. Think of it as assigning a percentage of responsibility to everyone involved. If a jury determines you were partially responsible for the accident, your total damage award is reduced by that assigned percentage of fault.

Unlike the laws in some other states, you are not barred from recovering damages even if you are found to be partially responsible—even up to 99% at fault.

Insurance companies conduct investigations looking for any evidence to argue you were at fault, as this reduces the amount they have to pay. Our role is to build a case that protects you from being assigned an unfair share of the blame.

You Are Entitled to More Than Just Your Medical Bills

Do not let an insurance adjuster be the one to define what your recovery is worth. The true cost of an accident goes far beyond receipts and repair invoices.

Our only focus is ensuring you have the financial resources necessary to rebuild your life. We handle the paperwork, the negotiations, and the legal process so you are able to concentrate on your health.

The first step is to understand the full value of what was taken from you. For a clear explanation of your rights and the damages you may pursue, call Car Crash Ash Accident Lawyer today at (858) 529-5872.