PERSONAL INJURY DAMAGES OVERVIEW

The Sterling Firm
www.TheSterlingFirm.com
(310) 498-2750
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DISCLAIMER: Not legal advice. For informational purposes only.

PERSONAL INJURY DAMAGES OVERVIEW

I. PURPOSE OF PERSONAL INJURY DAMAGES

II. THERE ARE NO SET RULES IN ASSESSING PERSONAL INJURY DAMAGES

III. CATEGORIES OF PERSONAL INJURY COMPENSATORY DAMAGES: SPECIAL AND GENERAL DAMAGES

A. SPECIAL DAMAGES

B. GENERAL DAMAGES

IV. TYPES OF RECOVERABLE COMPENSATORY DAMAGES IN PERSONAL INJURY CASES

A. MEDICAL BILLS

B. LOST INCOME AND WAGES

C. PAIN AND SUFFERING

D. THE PAIN MULITPLIER

E. EMOTIONAL DISTRESS

F. LOSS OF COMPANIONSHIP

V. PUNITIVE DAMAGES IN PERSONAL INJURY CASES

VI. LIMITATIONS ON THE AMOUNT OF RECOVERABLE COMPENSATORY DAMAGES IN PERSONAL INJURY CASES

A. ONLY REASONABLE MEDICAL EXPENSES ARE RECOVERABLE IN PERSONAL INJURY CASES

B. EVIDENCE IS REQUIRED TO PROVE FUTURE PAIN AND SUFFERING IN PERSONAL INJURY CASES

C. CALIFORNIA PURE COMPARATIVE NEGLIGENCE RULE

D. ASSUMPTION OF THE RISK

E. CALIFORNIA PROPOSITION 213 BARS UNINSURED MOTORISTS FROM RECOVERING GENERAL DAMAGES

F. GENERAL DAMAGES ARE CAPPED IN MEDICAL MALPRACTICE CASES

G. PLAINTIFF HAS THE DUTY TO MITIGATE DAMAGES

VII. THE HOWELL DOCTRINE IN CALIFORNIA PERSONAL INJURY CASES

A. PLAINTIFF CANNOT RECOVER THE NEGOTIATED RATE DIFFERENTIAL

B. THE FULL AMOUNT BILLED IS NOT RELEVANT TO GENERAL DAMAGES

C. THE REASONABLE VALUE OF SERVICES IS ADMISSIBLE TO PROVE THE EXTENT OF PLAINTIFF’S INJURIES

VIII. INCOME TAX TREATMENT OF PERSONAL INJURY DAMAGES RECOVERY

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