MAXIMIZING YOUR COMPENSATION AFTER AN INJURY: A GUIDE TO PERSONAL INJURY DAMAGES IN CALIFORNIA

When you or a loved one suffers an injury due to someone else’s negligence, understanding the types of damages you may claim in California is critical to recovering maximum compensation. At Antonyan Miranda, we aggressively represent our clients to ensure that they receive every dollar they need and deserve, so they can rebuild their lives and secure their future. Here’s everything you need to know about damages and how they can work for you.

What Are Damages?

Damages are the monetary awards injury victims can claim to compensate for their losses—both financial and personal. These can include:

ECONOMIC DAMAGES

Tangible losses like medical expenses, lost wages, loss of earning capacity, out-of-pocket expenses, and property damage.

Medical Expenses

From emergency care to long-term rehabilitation, you are entitled to claim:

• Current and future medical bills.

• Costs of surgeries, medications, and physical therapy.

• Expenses for assistive devices like wheelchairs and home modifications.

Lost Wages

If your injuries have caused you to miss work, you can claim:

• Compensation for the income lost during recovery.

• Reimbursement for used sick days, vacation time, and lost benefits.

Loss of Earning Capacity

For permanent injuries or disabilities, you may recover:

• The difference between your pre-accident and post-accident earning abilities.

• This may require expert testimony to establish your future earning potential.

Property Damage

• Repair or replacement costs.

• The value of your property before the accident occurred.

Out-of-Pocket Expenses

Claim costs such as:

• Transportation to medical appointments.

• Hiring help for household tasks you can no longer perform.

NON-ECONOMIC DAMAGES

Compensation for pain and suffering, emotional distress, loss of enjoyment of life, or loss of consortium. These damages address the life-altering impacts of your injuries. While harder to quantify, they are just as important to your recovery and long-term wellbeing.

Pain and Suffering

This includes physical pain and emotional distress caused by the accident. Methods used to calculate this include:

• The Multiplier Method: Multiplying your medical expenses by a specific factor.

• The Per Diem Method: Assigning a daily dollar value to your suffering.

Emotional Distress

Injuries can leave scars you don’t see but feel. You may claim compensation for:

• Anxiety, depression, PTSD, or insomnia stemming from the accident.

Loss of Enjoyment of Life

If you can no longer enjoy activities or hobbies, this loss can be compensated.

Loss of Consortium

If your relationship with your spouse or partner has been impacted, you may recover damages for:

• Loss of companionship, affection, and intimacy.

• Punitive Damages: Sending a Strong Message

PUNITIVE DAMAGES

These damages are designed to financially punish and deter grossly negligent or intentional acts. These are commonly awarded in cases involving drunk or impaired driving, reckless behavior, or intentional harm. There is generally no cap on the amount of punitive damages that can be awarded, however they cannot be relatively “excessive.”

Punitive damages are based on the egregiousness of the defendant’s actions and their financial status (ensuring the punishment has an impact).

• Intentional misconduct: Acts done deliberately to cause harm (e.g., assault).

• Gross negligence: A blatant disregard for the safety or rights of others.

• Fraud or malice: Actions motivated by ill will or deceit.

Examples of Cases that Qualify for Punitive Damages are:

• Drunk driving accidents where the defendant displayed reckless disregard for public safety.

• Intentional harm, such as assault or battery.

• Cases involving fraudulent or deceitful practices that led to injury.

• Severe product liability cases where a company knowingly sold defective products.

Special Cases: Wrongful Death and Survival Actions

If a loved one has passed away due to someone else’s negligence, you can pursue wrongful death claims if you are family member. These generally include compensation for funeral costs, loss of financial support, and loss of companionship.

The estate of the deceased may pursue a survival action, which are claims for economic and non-economic damages suffered by the deceased before their passing, excluding pain and suffering.

Why You Need Aggressive Legal Representation

When you’re injured in an accident, insurance companies act fast—but not in your favor. Their goal is to settle your claim quickly and for the lowest possible amount, as that is the cornerstone of their business model. They use aggressive tactics to exploit your vulnerability, delay payments, and deny rightful claims.

Don’t fall for their tricks. At Antonyan Miranda, we know their strategy and we relentlessly pursue your claim to ensure you get the compensation you need and deserve.

Call Antonyan Miranda Today for a Free Consultation—Because you Deserve Justice, not Excuses.

What We Do:

• Evaluate your case for every possible damage type and sources of liability.

• Use experts to help determine liability and calculate future expenses and earning potential.

• Zealously negotiate with insurers or take your case to trial if needed.

Recovering from an injury is hard enough; receiving your rightful compensation shouldn’t be. At Antonyan Miranda, we are a results-driven organization. We don’t just handle cases—we aggressively pursue results. Contact us now for a free consultation and case analysis.

Act Now. Protect Yourself at All Times®