The value of a Personal Injury case is determined by the potential damages. As defined by California Civil Code §3281, “Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefore in money, which is called damages.” In personal injury, there are several types of damages which can be collected. Analyzing the potential damages a victim is owed and determining the full value of their case is a crucial aspect of being a personal injury attorney. 

What Are Compensatory Damages?

Compensatory damages are awarded to “make the plaintiff whole.” This means that they are supposed to aid in re-establishing the injured party in the same position they would have been if the injury hadn’t occurred. Referred to as the “made whole” rule, compensatory damages in Personal Injury cases is defined by Civil Code §3333:

“For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.”

The courts determine compensatory damages based on each individual case, with the goal of putting the injured victim, or plaintiff, in the same financial position they would have been if the injury had never occurred. Compensatory damages thus covers:

• Any damages which have already been incurred, such as medical bills leading up to the case
• Present damages
• Future damages, such as lost earnings and ongoing rehabilitation

General Damages vs. Special Damages

Compensatory damages are further categorized as “general damages” and “special damages.” 

General Damages

General damages are non-economic damages, known as “pain and suffering.” This accounts for the emotional and human toll an accident takes on the victim and aims to compensate the victim for intangible difficulties such as loss of quality of life. This includes:



• Mental and emotional suffering (PTSD, humiliation, depression, mental health)
• Physical pain
• Loss of consortium (damage to companionship and marital relationships)
• Loss of enjoyment of life (inability to partake in activities they used to enjoy)

Special Damages

Special damages, also known as economic damages, aim to financially compensate a plaintiff for losses resulting from the injury and accident. Bills, expenses, and receipts related to the accident are tallied to evaluate the past, present, and ongoing costs when determining economic damages. Some types of special damages you can pursue include:

• Medical bills: An injured accident victim is entitled to full compensation for the medical costs their injury has cost them and will continue to cost them. This includes emergency care, hospital costs, past and future surgeries, medications, therapy, medical devices, rehabilitation, and the expense of traveling to doctor’s appointments.
• Lost wages: If the plaintiff is forced to take time off work due to the injury, any resulting lost income or lost potential employment opportunities can be a compensable loss. All benefits, earnings, wages, tips, bonuses, and commissions the plaintiff would've earned if the injury hadn’t incapacitated them fall under lost wages. If the injury is severe enough to incapacitate them long-term, the plaintiff may pursue damages including future lost capacity to earn due to ongoing or permanent disability. 
• Property damage: Property damage such as destroyed personal belongings or motor vehicle damage can be included in personal injury claims. 

Contact Us Today

If you were injured due to another’s negligence, your next step should be to consult with an experienced personal injury attorney, who will evaluate potential damages related to your individual situation and determine the full value of your case. Call the Law Office of Ball & Yorke to consult with a trusted California personal injury lawyer today.