The compensation available for victims who later suffer from fibromyalgia depends upon the costs and damages incurred from the accident. Each case is circumstance specific, so each case will carry different dollar amounts in damages. Rather than provide specific numbers, it would be more helpful to discuss the general types of damages available for fibromyalgia caused by a car accident.
When considering personal injury damages, the court or jury will look to make the plaintiff whole again. This is the concept behind compensatory damages. Their purpose is to compensate the plaintiff (usually with money) for any losses they may have incurred due to the wrongdoing. Compensatory damages, also known as actual damages, contain two subcategories: economic and non-economic damages.
Economic damages are ordinarily provable costs incurred due to the injury sustained. Examples include medical bills, treatment costs, lost wages, and property repair costs. Similarly, expected future lost earnings and future medical bills are economic damages, which should be reasonably calculated. These calculations are usually introduced into evidence through an expert witness, who will testify to prospective costs. In addition, future lost earnings can include lost increases in pay, such as that from being on track to receive a promotion.
While difficult to prove, cases involving fibromyalgia could have high future medical expenses and treatment awards since it is a persisting condition that requires substantial check-ups, management, and intervention.
Granting non-economic damages is predicated on compensating a plaintiff for intangible losses. These damage awards can vary greatly and mainly depend on the judge or jury’s conclusion of what is fair. From the list, examples include loss of quality of life, pain, and suffering. Mental trauma is also compensated, typically under the titles of pain and suffering. As non-economic damages cannot be assigned a precise dollar amount, they are usually difficult to quantify and may require expert testimony.
With room to argue, an experienced attorney will try to maximize your non-economic damages to get you the compensation you rightfully deserve. However, be wary of any attorneys promising big damage awards. This is a major red flag and may constitute malpractice, as non-economic damage awards are seldom known with certainty. The same can be said for settlement awards when there is no actual offer for such an amount.
It is worth noting that California has a cap on non-economic damages for medical malpractice cases only. As of January 1, 2023, cases not involving a wrongful death claim are capped at $350,000, and cases involving a wrongful death claim are capped at $500,000. However, neither applies to a personal injury case against another driver whose conduct caused fibromyalgia.
Awards for claims that successfully prove fibromyalgia could contain high non-economic damage awards because pain and suffering are persistent for long periods. However, the amount must be decided by the jury.
Punitive damages are an award designed to punish the egregious behavior of the defendant and deter the same behavior in the future. California allows for punitive damages in some claims, but other jurisdictions may bar punitive damages for nearly all claims. Additionally, punitive damages are reserved for particularly reprehensible conduct. Examples may include gross negligence, reoccurring intentional conduct, or fraud.
In most claims under California law, punitive damages are not capped. Instead, if punitive damages are excessive, the judge can decrease the jury’s damage award.
As previously mentioned, each case is unique and rests on its own circumstances. The best way to get a clear picture of the damages you have incurred or a potential settlement or court award you may receive is to work with an attorney and see how the case progresses. Our experienced attorneys are expert negotiators; excellent negotiation skills may bring better judgment or settlement results.
Law Offices of Samer Habbas & Associates has the experience and expertise to solve problems for clients and achieve the best possible results. For more information or to schedule a complimentary consultation, please call 888-848-5084 or contact us online.
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