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Understanding Damages in California

The purpose of initiating personal injury lawsuits is to obtain legal relief in the form of monetary compensation for damages sustained as a result of an accident or incident. While many lawsuits settle outside of court and only few make it to trial, in all cases the parties list out their damages to support an award which are the injuries suffered as a result of wrongdoing or negligence. Understanding the different types of damages is crucial to being informed about your personal injury claim. If you or someone you know has been injured in an accident or incident in the state of California, contact SANFORD A. KASSEL, A Professional Law Corporation for an initial consultation to help determine your rights to relief.

Special Damages

When an award of special damages are provided, parties are given monetary compensation for economic damages sustained. Economic damages are losses that are sustained as a direct result of the accident. Economic damages include expenses associated with the costs of burial and funeral services, lost wages from missed work, medical expenses, and damages to personal or real property. A victim with serious injuries will not only be compensated for the immediate expenses listed above, but also the long term effects of the accident. This will protect you or your loved one from future losses, including future lost wages and long-term medical expenses.

General Damages

General damages are losses that cannot be calculated with the submission of evidence showing dollar-for-dollar losses. The main difference between general and special damages are non-financial losses. Losses that are not financial in nature include pain and suffering, emotional grief suffered as a result of the accident, and loss of consortium. When seeking general damages, additional evidence will be necessary as these types of damages are more difficult to prove. Although proving these damages are more difficult, the help of an experienced litigator makes the difference. The attorneys at SANFORD A. KASSEL, A Professional Law Corporation can help you successfully recover these crucial awards to help you or your loved one to obtain additional monetary compensation for your losses.

Punitive Damages

Punitive damages are those damages awarded to plaintiffs as financial compensation to punish a defendant for wrongdoing. Punitive damages may be sought when a defendant’s act was intentional or so negligent that it amounts to malice. The court’s theory of awarding punitive damages is to deter the defendant and others from committing the wrongful act in the future. Medical malpractice is one type of case in which punitive damages are often sought and awarded. In California, there are caps placed on punitive damages, meaning the law limits the amount of punitive damages an individual can receive.

Speak with an Attorney at SANFORD A. KASSEL, A Professional Law Corporation

If you or someone you know is in need of a personal injury attorney after being injured in an accident or incident in the state of California, contact us today. Our attorneys will be happy to meet with you for an initial consultation. We assist clients in San Bernardino, Riverside, Inland Empire, and Southern California.

 

 

SANFORD A. KASSEL, A Professional Law Corporation

Sanford A. Kassel is one of San Bernardino's preeminent trial lawyers. He has the resources, expertise and raw talent to handle even the most complex personal injury, medical malpractice, wrongful death, and employment law cases throughout Southern California. Sanford has maintained his offices in San Bernardino since he began practicing law in 1981. He is second generation of a multi-generational family of the Kassel/Katz Family of lawyers in the Inland Empire, whose experience spans over 50 years.

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