What types of damages are available in a personal injury claim?
When a person in California is injured due to the negligence or wrongful actions of another person or organization, they can seek compensation through a personal injury claim. Generally, damages (or compensation) available in a personal injury claim can be categorized into two types: compensatory damages and punitive damages. Compensatory damages are designed to pay the injured person back for their losses. These damages are intended to make the injured person "whole again" and can include medical expenses, lost wages, pain and suffering, and other costs. These damages are typically awarded to the plaintiff in a personal injury lawsuit. Punitive damages are much different from compensatory damages. Whereas compensatory damages are awarded to compensate the injured person, punitive damages are intended to punish the wrongdoer in a personal injury lawsuit. Punitive damages are often awarded in cases where the defendant acted with malicious intent. These damages can be much higher than compensatory damages, and are meant to deter a defendant from engaging in similar behaviors again in the future. In California, punitive damages are not awarded in every personal injury claim but can be available in cases where the defendant acted particularly recklessly or maliciously. Ultimately, the damages awarded in a personal injury lawsuit will depend on the specific circumstances of the case.
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