What Compensation Can I Recover in a Personal Injury Case?

December 10, 2025

Understanding Compensation in Personal Injury Cases

If you’ve been injured in an accident in Orange County due to someone else’s negligence, you may be wondering, “What compensation can I recover?” At Aitken Aitken Cohn, we understand how overwhelming it can feel to navigate the aftermath of an injury. Medical bills, lost income, and emotional stress can add up quickly, but the good news is that you may be entitled to compensation to help you recover and move forward.

In this guide, we’ll break down the types of compensation available in personal injury cases, explain how they work, and share how our experienced team at Aitken Aitken Cohn can help you seek the justice you deserve. Whether you’ve been injured in a car accident, slip and fall, or another type of incident, understanding your options is the first step toward rebuilding your life.

Types of Compensation in Personal Injury Cases

In personal injury law, compensation is often referred to as “damages.” These damages are designed to make you “whole” again by addressing the financial, physical, and emotional impacts of your injury. Compensation generally falls into three main categories: economic damages, non-economic damages, and, in rare cases, punitive damages. Let’s explore each one.

Economic Damages: Recovering Financial Losses

Economic damages cover the tangible, measurable losses you’ve experienced because of your injury. These are often the most straightforward to calculate because they’re based on actual costs. Common types of economic damages include:

  • Medical Expenses: This includes costs for hospital stays, surgeries, doctor visits, medications, physical therapy, and any future medical care related to your injury. For example, if you’ve been in a car accident in Orange County and need ongoing rehabilitation, these expenses can be included in your claim.
  • Lost Wages: If your injury prevents you from working, you may be entitled to compensation for lost income. This includes wages you’ve already lost and any future earning potential affected by your injury.
  • Property Damage: If your personal property, such as your vehicle in a car accident, was damaged, you can seek compensation for repair or replacement costs.
  • Other Out-of-Pocket Costs: This might include transportation to medical appointments, home modifications (like wheelchair ramps), or other expenses directly related to your injury.

At Aitken Aitken Cohn, we meticulously document these losses to ensure you’re fully compensated for every dollar spent or lost due to your injury.

Non-Economic Damages: Addressing Intangible Losses

Non-economic damages compensate for losses that don’t have a clear dollar value but significantly impact your quality of life. These are often more challenging to quantify, but they’re just as important. Examples include:

  • Pain and Suffering: This covers the physical pain and discomfort caused by your injury. For instance, if you’ve sustained a spinal injury in a slip and fall, the ongoing pain can be factored into your compensation.
  • Emotional Distress: Injuries can lead to anxiety, depression, or post-traumatic stress disorder (PTSD). Compensation for emotional distress acknowledges the psychological toll of your experience.
  • Loss of Enjoyment of Life: If your injury prevents you from enjoying hobbies, family activities, or other aspects of your life, you may be entitled to compensation.
  • Loss of Consortium: In cases where your injury affects your relationship with your spouse or family, you may recover damages for the loss of companionship or support.

The thorough and compassionate team at Aitken Aitken Cohn works closely with you to understand the full scope of your non-economic losses, ensuring they’re properly represented in your claim.

Punitive Damages: Holding Wrongdoers Accountable

In rare cases, you may be awarded punitive damages. These are not meant to compensate you for a specific loss but to punish the at-fault party for particularly reckless or malicious behavior and deter others from similar actions. For example, if a company knowingly sold a defective product that caused your injury, punitive damages might apply. These damages are less common and typically require strong evidence of egregious conduct.

Factors That Affect Your Compensation

The amount of compensation you can recover depends on several factors specific to your case. Here are some key considerations:

  • Severity of Your Injury: More severe injuries, such as traumatic brain injuries or permanent disabilities, typically result in higher compensation due to their long-term impact.
  • Liability: California follows a “comparative negligence” rule, meaning your compensation may be reduced if you’re found partially at fault. For example, if you were 20% responsible for a car accident, your damages might be reduced by 20%.
  • Insurance Coverage: The at-fault party’s insurance policy limits can affect your recovery. Our team explores all possible sources of compensation, including your own insurance if needed.
  • Evidence and Documentation: Strong evidence, such as medical records, witness statements, and accident reports, is critical to maximizing your compensation. Our attorneys are skilled at gathering and presenting this evidence effectively.

Navigating these factors can be complex, but you don’t have to do it alone. Our outstanding track record demonstrates how we’ve helped Orange County clients secure the compensation they deserve.

Why Choose Aitken Aitken Cohn for Your Personal Injury Case?

At Aitken Aitken Cohn, we’re more than just a law firm—we’re your advocates during one of the most challenging times in your life. With decades of experience handling personal injury cases in Orange County, we have the expertise to fight for every dollar you’re entitled to. Here’s why clients trust us:

  • Personalized Attention: We take the time to understand your unique situation, tailoring our approach to your specific needs.
  • Proven Results: Our firm has recovered millions of dollars for clients in cases ranging from car accidents to premises liability. See our results to learn more about our successes.
  • No Upfront Costs: We work on a contingency fee basis, meaning you pay nothing unless we win your case.
  • Local Expertise: As an Orange County-based firm, we know the local courts, insurance companies, and community, giving us an edge in building your case.

We’re committed to making the legal process as stress-free as possible so you can focus on healing.

Steps to Maximize Your Compensation

To strengthen your personal injury claim and recover the maximum compensation, consider these steps:

  1. Seek Medical Attention: Get medical care immediately, even if your injuries seem minor. This creates a record of your injuries and ensures your health is prioritized.
  2. Document Everything: Keep records of medical bills, receipts, and any correspondence with insurance companies. Take photos of your injuries and the accident scene if possible.
  3. Avoid Talking to Insurance Adjusters: Insurance companies may try to minimize your claim. Let your attorney handle these conversations to protect your rights.
  4. Contact an Experienced Attorney: The sooner you reach out to a skilled personal injury lawyer, the better your chances of building a strong case.

Ready to take the next step? Contact Aitken Aitken Cohn today for a free consultation. We’ll review your case, answer your questions, and help you understand your options.

Common Types of Personal Injury Cases in Orange County

Orange County’s busy roads, bustling businesses, and active communities mean personal injury cases can arise in many situations. Some of the most common cases we handle include:

  • Car Accidents: From fender-benders to serious collisions, we help victims recover compensation for medical bills, vehicle repairs, and more.
  • Slip and Falls: Property owners have a duty to keep their premises safe. If you’ve been injured due to a hazardous condition, we can help.
  • Pedestrian and Bicycle Accidents: With Orange County’s active lifestyle, these accidents are unfortunately common, often resulting in serious injuries.
  • Wrongful Death: If you’ve lost a loved one due to someone else’s negligence, we can help you seek justice and compensation for your loss.

No matter the type of accident, our team is here to guide you through the process with compassion and determination.

Contact Aitken Aitken Cohn Today

If you or a loved one has been injured in Orange County, you don’t have to face the recovery process alone. At Aitken Aitken Cohn, we’re dedicated to helping you secure the compensation you need to rebuild your life. From medical expenses to emotional distress, we’ll fight for every dollar you’re entitled to.

Don’t wait—time limits called statutes of limitations can affect your ability to file a claim. Reach out to us today for a free, no-obligation consultation. Let us put our experience to work for you.