August 10, 2026 | By Greene Broillet & Wheeler
The impact of a catastrophic accident is immediate but can also be interminable. Immediately after an accident, lost income follows the injury, then mounting bills, and then decisions must be made about a future that may no longer be recognizable. Confronting immediate needs is vital, but decisions must also be made with long-lasting impact in mind. Long-term consequences must be accounted for. Personal injury damages exist for exactly this reason: to place a value on everything an accident takes, not only what shows up on receipts and medical bills. California divides this value into economic and non-economic damages, and for most personal injury claims, there are no cap limits for recovery in verifiable losses or pain and suffering. The outcome, then, depends heavily on the strength of the evidence behind a claim and on the persuasive presentation of that evidence.
At Greene Broillet & Wheeler, our Los Angeles personal injury lawyers focus on building arguments for our clients based on rigorous analysis of evidence and strategic presentation of facts. We also take the time to ensure our clients know all of their legal options and what each category of damages actually covers.
Compensatory damages represent the most common form of award in a personal injury case. Compensatory damages provide compensation to the injured person or their family for the losses they have suffered as a result of the incident. These damages generally fall into two distinct categories: economic and non-economic damages. In certain cases, California law may also permit punitive damages.
Note: This table is provided for general informational purposes and summarizes the types of personal injury damages discussed in this article. The damages available in a particular case depend on the specific facts and circumstances.
Economic damages are the quantifiable financial losses that the victim has suffered due to the accident. These can include medical expenses, lost wages or earnings, property damage, and other out-of-pocket expenses related to the injuries sustained.
Calculating economic damages is usually straightforward, as the victim can provide documentation such as medical bills and pay stubs to prove their losses. However, it is important to note that future economic damages may also be considered in the compensation process, such as ongoing medical treatment, necessary adaptations to a home or vehicle, and loss of future earnings.
Non-economic damages cover losses more difficult to precisely measure. No invoice exists for pain and suffering or the loss of enjoyment life once offered. These losses are subjective by nature, yet California law still allows recovery for them because their impact on a person’s life is real, even without a receipt attached. This category can also compensate a spouse for damage done to the relationship with an injured partner. This is known as “loss of consortium.”
Several factors shape the final amount awarded: the severity of the injuries, how much daily life has changed, and how long recovery takes, or whether full recovery ever happens. A jury decides this figure, with wide discretion to reach an amount reflecting the harm suffered.
In some cases, California law permits punitive damages when a defendant’s conduct rises to malice, oppression, or fraud, going beyond simple carelessness. Unlike other damages, these do not compensate the injured person; instead, they punish the defendant and discourage similar conduct in the future.
While some states cap the amount of punitive damages a defendant can face, California takes a different approach, leaving courts free to weigh the severity of the conduct, the defendant’s financial condition, and the harm caused before deciding on an amount.
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A jury may acknowledge that an injury caused real harm and still limit what a person receives, depending on which legal rules apply to the case. Two factors in particular tend to shape the outcome: how fault is assigned and how quickly a claim moves forward.
Fault plays a direct role in shaping an award. California follows a comparative fault rule under California Civil Code Section 1714, allowing a person to share some blame for an accident and still recover money, with a jury reducing the award by the percentage of fault assigned. A person found 20 percent responsible for a crash, for instance, still collects 80 percent of the damages calculated. This approach holds each party accountable for its share of the harm without eliminating recovery entirely.
Just as fault can reduce a recovery, timing can eliminate it altogether. California Code of Civil Procedure section 335.1 requires most injured people to file suit within two years of the date of injury, and exceeding this deadline generally forfeits the right to bring a case, regardless of the strength of the underlying claim.
These rules operate alongside the damages categories previously outlined, underscoring why similar injuries can yield markedly different outcomes and why early legal guidance carries real value in navigating them.
An injured person rarely knows what a claim is actually worth without help interpreting the categories, caps, and deadlines that shape it. Building a strong case around personal injury damages takes more than knowing the rules; it takes someone who can apply them to the specific facts of an accident and push for full accountability. Insurance companies may aggressively resist offering what is fair after a serious injury. Injury victims need an ally. At Greene Broillet & Wheeler, our Los Angeles personal injury lawyers bring five decades of experience to reviewing the details of serious accidents, identifying every category of compensation that may apply, and pursuing full accountability on our clients behalf. Call (866) 634-4525 for a free consultation to discuss what your case may be worth.
Bruce A. Broillet is a nationally recognized California trial lawyer and partner, inducted into both the CAALA Hall of Fame and the Lawdragon Hall of Fame, and a member of the elite Inner Circle of Advocates. He has achieved numerous seven- and eight-figure results, including a $3.3 billion settlement against Big Tobacco, the landmark$55 million Erin Andrews verdict, and the largest legal malpractice verdict in California history. Widely regarded as one of the state’s most accomplished plaintiff lawyers, Bruce is a former Consumer Attorney of the Year and a perennial honoree of Best Lawyers in America and Super Lawyers.
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This page was written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Greene Broillet & Wheeler LLP.
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