What is Recoverable in Personal Injury and Wrongful Death Claims?

We are Dedicated to Seeking Compensation for All of Your Losses

Whether you have been injured or have lost a loved one in an accident, we sincerely sympathize with the far reaching and profound impact it has, and may always have, on your life. We also understand that there is no amount of money or compensation that will make life exactly as it once was. However, justice can be sought, and compensation can be obtained, to hold the party that caused your injuries or loss accountable, and to help what can be helped, fix what can be fixed, and make up for what cannot be helped or fixed, to the extent possible.

California law provides for the recovery of certain types of damages in personal injury and wrongful death cases. The types of damages are generally sorted into two categories: Economic (sometimes called “Special”) damages, and Non-Economic (sometimes called “General”) damages. The person making the claim, or bringing the lawsuit, has the burden of proving not only the damages themselves, but that the damages were caused by the wrongdoing of the party against which the claim is made, or lawsuit is filed.

The Rudman Law Firm, APC focuses solely on the practice of personal injury and wrongful death cases. Our attorneys have dedicated their entire careers, of over 75 years combined, to pursuing full justice and fair compensation for victims of injury and wrongful death. We have an office in Encino, and are available to provide a detailed evaluation of your potential damages, and educate you regarding the personal injury process through which we fight tirelessly on behalf of our clients.

Economic Damages

Economic or “Special” Damages, are damages of a specific amount.

• In Personal Injury Cases:
  • Medical expenses, past and future
  • Medical monitoring (toxic exposure)
  • Lost earnings, past and future
  • Lost earning capacity
  • Loss of ability to provide household services
  • Damage to personal property, such as a vehicle or personal articles
  • Loss or destruction of personal property
  • Loss of use of personal property
  • Lost profits
• In Wrongful Death Cases:
  • Financial supportthat the decedent would have contributed to the family either during the expected life of the decedent before his or her death, or the life expectancy of the family member, whichever is shorter
  • Loss of gifts or benefitsthat the family member could have expected to receive
  • Funeral and burial expense
  • Reasonable value of household servicesthat the decedent would have provided

In the case of economic damages to be incurred in the future (e.g. future medical expenses, lost earnings, and all economic damages in wrongful death cases) juries are instructed that they must reduce the amount of the future damages to “present cash value” because monetary compensation received now will grow to a larger amount in the future, through investment. Therefore the money awarded will be in an amount that if reasonably invested today, will provide the victim with the amount of his future economic damages.

Noneconomic Damages

Noneconomic or “General” damages refer to, and may include:

• In Personal Injury Cases:
  • Physical Pain, Mental Suffering and Emotional Distresswhich also includes physical impairment, disfigurement, loss of enjoyment of life, anxiety, grief, humiliation and inconvenience.
  • Loss of consortiumwhich are damages suffered by a person on account of their spouse’s injuries, and includes loss of love, affection, care, comfort, companionship, protection, assistance, society and moral support; and the loss of enjoyment of sexual relations or the ability to have children.
• In Wrongful Death Cases:
  • Loss of the Decedent’s love, affection, companionship, care, comfort, protection, assistance, society and moral support
  • Loss of the enjoyment of sexual relations by the spouse
  • Loss of a parent’s training and guidance by a child

Noneconomic damages have no fixed value and if a case goes to trial, the jury will be instructed to use its judgment to decide a reasonable amount to compensate a victim for these damages based on the evidence presented, and common sense. Noneconomic damages are not reduced to “present cash value”.

Let The Rudman Law Firm, APC Help You to Obtain Full and Fair Compensation

Having dedicated our entire careers to achieving just compensation for clients who have been injured or have lost a family member in an accident, we have the knowledge and experience necessary to understand, articulate and ultimately prove the various forms of damages allowed by California law. Let our law firm fight for justice on your behalf. We are available for free telephone consultations at our Encino office (818) 769-6969, or toll free at (844) 478-3626 / (844) 4RUDMAN.