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What Damages Can I Recover If I Am Seriously Injured In A Car Accident?

A lot of people retain Clancy & Diaz to represent them after a car accident in which they were badly injured and wonder what sorts of damages they are entitled to recover from the negligent party who caused the accident. There are generally two categories of damages: 1) general damages; and, 2) special damages.

Special damages are damages which can actually be calculated to a "correct" amount. These can include medical bills, lost wages, future medical bills, the cost of future medical care, a reduction in your ability to earn a living, etc.

General damages are damages for which there is no receipt, invoice or price tag. Think of these as "pain and suffering," which is another way of saying anxiety, pain, worry, frustration, embarrassment, etc. In a personal injury claim, it is important to start thinking about these general damages early on in the case. Think about what you could do before the accident that you are no longer able to do after the accident. Think about things that you can still do, but are now more difficult to do. Think about how your injuries keep you isolated from your friends or family. Do you no longer go on family trips because it is too painful to sit in the car for long periods? Do you no longer play with your children or grandchildren because bending over hurts? Does it now take you twice as long to brush your teeth, cook dinner, or get yourself up the stairs? All of these things are compensable – but not obvious when you're trying to think of your damages. Put the time in think through how your injuries have changed your life.

In a case involving intentional conduct, you may also be entitled to punitive damages.

Pete Clancy is a personal injury attorney in Oakland. He was named a Rising Star by SuperLawyer Magazine in 2010, 2011 and 2012 and is a lifetime member of the Million Dollar Advocates Forum.