Damages
When someone’s wrongful conduct causes a death, an injury, a loss of a job, damage to property, and/or other harm, you have a legal right to collect money damages. The Alvarez Law Firm has recovered tens of millions of dollars for our clients.
The law divides damages into three categories. Economic damages (often called special damages), non-economic damages (often called general damages) and, in rare cases, punitive damages.
ECONOMIC DAMAGES are out-of-pocket losses including the following; medical expenses; wage loss/loss of income/loss of earning capacity; property damage; funeral expenses; towing; rental car ; household help; and other expenses caused by the wrongful conduct. These damages are the easiest to calculate because you can obtain bills, receipts and estimates.
NON-ECONOMIC DAMAGES include pain and suffering, disability, disfigurement, loss of use, humiliation, mental anguish, loss of love, support and companionship and emotional distress. These damages are more difficult to calculate and, many times, exceed the value of the economic damages. They are called non-economic damages because they do not represent out-of-pocket losses. Although they are called non-economic damages, money is paid to compensate people who have suffered these injuries. There is no fixed standard or method of calculating these damages, they vary by individual and case and are often referred to as subjective damages because they differ according to each individuals personal/subjective experience. The most significant factors involved in calculating the amount of an award in a personal injury action are the nature and severity of injuries as documented in the medical records. The more evidence of injury in the medical documentation, such as x-rays and treatment notes, that corresponds with the symptoms expressed by the plaintiff the greater the recovery generally. Likewise, in severe cases involving amputation or loss of use of a limb, or severe disability, non economic damages can be in the multiple millions of dollars.
To recover these damages a plaintiff must meet a burden of proof that they suffered these damages by competent evidence. This burden is a preponderance of the evidence which means more likely than not. If the evidence is so evenly balanced that it does not tilt in the favor of the Plaintiff then it does not preponderate and the Plaintiff is not entitled to recover the damages not proven.
PUNITIVE DAMAGES are damages that are awarded where the wrongdoer has acted in a way that is considered vile, contemptible and/or despicable to members of normal society. The conduct must be conduct that is fraudulent, oppressive, or malicious. Fraud is deceitful conduct designed to mislead someone. A person is oppressive and/or malicious under the law when they act unlawfully to deprive someone of their legal rights or when they act in a conscious disregard of the rights and safety of another. These damages are in addition to the economic and non-economic damages which are designed to make an injured party whole, as much as money can do so. They are a penalty to discourage bad behavior. They must have some rational relation to the underlying economic and non-economic damages. To recover these damages you must meet a higher standard of proof, clear and convincing evidence.
IN EMPLOYMENT DISCRIMINATION/HARASSMENT AND WRONGFUL TERMINATION MATTERS ACTIONS ALL THE ABOVE DAMAGES ARE AVAILABLE under certain factual conditions. Economic damages often include back pay, future wage loss, loss of benefits. And costs of counseling and/or health care, if any. Non-economic damages include humiliation, emotional distress, anxiety, depression, grief and injury to reputation. The Alvarez Law Firm has recovered tens of millions of dollars for our clients who have been caused emotional distress as the result of discrimination, harassment and/or wrongful termination.
