If I am injured through someone else's fault, what am I entitled to? If you are injured through no fault of your own but by someone else's negligence, California law entitles you to recover various types of damages.   My injury has caused me both physical and emotional pain. Does the law take this into account? Ordinarily, the most "valuable" element of your bodily injury claim is the right to compensation for physical pain and mental anguish you have suffered and will endure in the future because of your injury. These general damages are in addition to and may be far more than the amount of your lost earnings and medical expenses.   I have incurred medical expenses as a result of my injury. Can I recover these? The cost of all reasonable and necessary medical expenses incurred and that are reasonably certain to be incurred in the future because of your injury, are recoverable. These expenses include past (already-incurred) medical expenses and also future medical expenses, which may be the product of the original injury or that result from an increased susceptibility to future injury. All forms of care and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management are included. You can recover the foil value of your medical expenses from the responsible party even if your health insurer has paid all or part of your bills.   Can I recover the loss of earnings that my injury has caused? You are also entitled to recover the loss of earnings suffered from your injuries. Thus, wages, commissions, bonuses and all other earnings and fringe benefits are recoverable.   What about any future loss of earnings? If your injuries permanently limit your ability to earn, you can recover the value of the reduction in earning capacity with reasonable probability which will occur in the future. These damages compensate you for your lost earning power over the remainder of your working years.   If the victim died, who can claim damages? Damages for "wrongful death" are available for the wife, husband, parent and child of the deceased person. Sometimes, persons related by blood or marriage, who were dependent upon the deceased, may recover. Damages are not limited to economic loss and may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance or education. Damages are available for the deceased's estate as well.   The injury caused me disfigurement. If the injury causes scarring or other unsightly marks, you are entitled to recover for the disfigurement and humiliation or embarrassment associated with the disfigurement.   This has also damaged my marriage. Serious injuries to one spouse may cause damage to the marital relationship. If this occurs, you and/or your spouse are entitled to recover for the loss of society, affection, assistance, conjugal fellowship and loss or impairment of sexual relations that occurs. This is called a Loss of Consortium claim.   I had damage to my vehicle or or to other personal property.   You are entitled to be made whole for any damage to your personal property. Where they can repair your vehicle, you are entitled to recover the reasonable cost of restoring the vehicle to its condition before the collision. In addition, you may recover the cost of substitute transportation necessarily incurred while they are repairing your vehicle. If the cost of repair is more than the value of your vehicle (a "total loss"), you are entitled to recover the full value of your vehicle before it was damaged.   I suffered inconvenience as a result of my vehicle being damaged.   In California you are entitled to compensation for the loss of use of your vehicle. This is not the same as reimbursement for a rental car. Whether you had to rent, use public transit, borrow a friend's or relative's car, or simply go without, you can receive just compensation (up to $50 per day depending on the type of car you own) for having lost the use of your property.   I was the victim of a drunk driving accident.   In some cases - where the accident was caused by "criminal negligence" – driving while under the influence of alcohol for example - you may also be entitled to punitive damages above and beyond all previously explained damages.   (Warning: changes in the law concerning damages occur frequently. You should consult with Roberto Marquez with respect to these changes.)