California has a fault-based system for personal injury claims. The injured party must prove the elements of negligence or another cause of action to hold another party responsible for their damages.
Economic damages can be a significant portion of the award or settlement received for a personal injury claim.
What Are Economic Damages in a Santa Ana Personal Injury Case?
Damages are the remedy you receive when you sue someone for a personal injury or accident. Economic damages represent the monetary losses and expenses you incur because of another party’s negligence, intentional torts, or other wrongful acts.
Economic damages typically fall into one of the following categories:
Medical Bills and Expenses
It can be costly to treat injuries following an accident or injury. You can seek compensation for the total of all medical costs including, but not limited to:
- Emergency medical services
- Hospital bills
- Physician’s bills
- Diagnostic testing, including lab work and imagining
- Physical, occupational, and rehabilitative therapies
- Surgeries
- Therapists/counseling bills
- Medications and supplies, including over-the-counter and prescription drugs
- Medical devices, such as wheelchairs and crutches
In addition to your past and present medical expenses, you can receive compensation for ongoing medical costs if you sustain a long-term injury. For example, if you require continuing injections because of a disabling condition, you could receive compensation for the anticipated cost of those shots over your lifetime.
Property Damage
Property damage includes harm to personal property, such as a vehicle in a car accident or your items damaged in a pedestrian accident. Many property damage claims are settled before the personal injury case. Be careful when signing property damage settlements to avoid giving up any rights to a personal injury settlement or award.
Lost Wages and Benefits
Loss of income is another substantial portion of economic damages in a personal injury case. You can receive compensation for all past and present loss of income, including but not limited to:
- Wages
- Salaries
- Bonuses
- Tips
- Commissions
- Part-time jobs
- Gig work/independent contractor jobs
You can also receive compensation for benefits you lost because of the injury, such as vacation, PTO, and sick time. You could receive compensation for future lost wages and diminished earning capacity if you sustain a permanent impairment.
Our lawyers work with medical specialists and financial experts to determine the extent of your injuries and damages. Expert witnesses assist in establishing the value of future damages.
Out-of-Pocket Expenses
This category of economic damages is a catchall category. Examples of out-of-pocket expenses include:
- Long-term personal and/or nursing care
- Travel expenses to and from medical appointments
- Modifications to your home or vehicle to accommodate permanent disabilities
- Assistance with household chores
The category of out-of-pocket expenses is a catchall category of economic damages. Out-of-pocket expenses include damages that do not fall into another category.
What Is the Value of My Economic Damages in a Santa Ana Personal Injury Case?
The value of economic damages is the total of the losses and expenses incurred. It is straightforward to total bills, invoices, and proof of other past and present expenses.
However, estimated future damages can be more challenging. Experts must calculate the future monetary losses the person anticipates to incur because of a permanent impairment.
For example, suppose you sustain a spinal cord injury that prevents you from returning to work. The injury is severe enough to prevent you from engaging in work to earn a living. If so, you could receive damages for the loss of future income through your anticipated retirement date.
You might be able to work but cannot earn as much as you did before the accident. In that case, you could receive compensation for diminished earning capacity. Our lawyers work with the best expert witnesses, including financial planners, medical specialists, vocational experts, and life care planners, to determine the maximum value of your damages for a personal injury claim.
What Is the Statute of Limitations for Filing a Claim for Economic Damages in a Santa Ana Personal Injury Case?
Your economic damages are included in your personal injury case. Therefore, the filing deadline for economic damages would be the same as your personal injury case.
California has a two-year deadline statute of limitations for most personal injury claims. The time begins counting down on the accident date or injury date. If you do not discover your injury immediately, you may have one year from the date you discovered or reasonably should have discovered your injury.
The court can dismiss a personal injury lawsuit filed after the statute of limitations expires.
It is important to note that exceptions to the statute of limitations could change the filing deadline. Factors in your case could also shorten or lengthen the time to file a claim. To avoid losing your right to pursue a personal injury case in court, it is crucial to seek prompt legal advice.
Learn More During a Free Consultation With Our Santa Ana Personal Injury Lawyers
Our legal team at Robles Babaee, Personal Injury Lawyers diligently pursues claims against each party responsible for your injuries. We exhaust all sources of compensation to maximize your recovery amount. We fight to get you the money you deserve after a tragic accident or personal injury.
Contact us now by calling (714) 263-3700 for your free case evaluation with an experienced personal injury lawyer in Santa Ana. We are battle-tested and justice-approved.