Types of Personal Injury Damages Explained (California Personal Injury Law)
When someone is hurt in California because of another’s negligence, the law gives them a way to seek justice: personal injury damages. These damages aren’t just numbers on a page — they’re about putting lives back together, covering medical bills, paying lost wages, and recognizing the emotional suffering that lingers long after an accident.
But damages are complicated. From economic losses like hospital bills to non-economic harms like trauma, and even punitive damages meant to punish bad actors, California’s personal injury law sets important boundaries. Some of these rules, like the MICRA cap on medical malpractice cases, have sparked fierce debate for decades.
Below, we break down the main types of damages available in California personal injury claims, explain how they’re calculated, and outline what victims — and their families — should realistically expect.
1. Compensatory Damages (California Civil Code § 3333)
The backbone of most claims, compensatory damages aim to “make the victim whole.” They cover:
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Past, present, and future costs related to the injury.
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Everything from lost wages to ongoing rehab.
Courts don’t use a set formula but weigh evidence, bills, expert testimony, and the credibility of the victim’s pain.
2. Economic (Special) Damages
Economic damages have a clear price tag. Common examples:
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ER visits, surgeries, prescriptions
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Lost wages and future earning potential
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Transportation to and from medical appointments
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Mobility equipment, prosthetics, or home modifications
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In-home care or rehab facility costs
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Lost employment benefits
💡 Example: A rideshare driver loses six months of income after a crash. These wages, plus his Uber bonuses and lost retirement contributions, are all economic damages.
3. Non-Economic (General) Damages
Pain and suffering are harder to calculate but often represent the largest share of a claim. California recognizes compensation for:
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Emotional distress and PTSD
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Loss of companionship or consortium
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Depression, anxiety, loss of enjoyment of life
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Scarring, disfigurement, or permanent disability
💡 Example: A child hit by a distracted driver survives but develops severe anxiety crossing streets. A journal documenting this fear can strengthen non-economic damage claims.
4. Punitive (Exemplary) Damages
Punitive damages aren’t about the victim — they’re about punishing defendants for extreme misconduct. California courts may award these when:
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A drunk driver with multiple DUIs causes a crash.
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A company knowingly sells a dangerous product.
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A nursing home falsifies records to cover up abuse.
To succeed, lawyers must prove misconduct with “clear and convincing evidence” — a higher bar than regular negligence.
5. California Damage Caps
Unlike some states, California generally doesn’t cap damages, with two key exceptions:
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Medical malpractice cases (MICRA cap: $250,000 on non-economic damages, unchanged since 1975).
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No cap on economic or punitive damages, but awards must be “reasonable” compared to harm.
💡 Critics argue MICRA is outdated, pointing out that $250,000 in 1975 equals over $1.3 million today — leaving malpractice victims undercompensated.
6. Personal Injury Related to Crimes
Victims hurt during crimes (e.g., robbery or assault) face unique challenges:
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The criminal may be “judgment proof” (no assets/insurance).
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Civil claims may instead target property owners (premises liability) if security was inadequate.
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California bars convicted criminals from suing for injuries sustained while committing a crime.
Why Expert Legal Help Matters
Insurance companies fight to minimize payouts. A California personal injury lawyer not only quantifies losses but also crafts the narrative of how injuries devastate real lives. The right lawyer knows which damages to pursue, how to avoid defense traps, and how to push for maximum compensation.
