Have you heard the term “retainer” thrown around when it comes to lawyers? Unless you’ve hired one before, you might not know the ins and outs of a lawyer’s retainer and what it really means for your case. So, what is a retainer? In its simplest form, a legal retainer is an upfront payment you make to secure a lawyer’s services. It acts like a down payment for legal services. But let’s really break down how, why and what a retainer actually does. 

What Is the Purpose of a Retainer for a Lawyer?

A retainer is more than just a fee—it’s the foundation of your professional relationship with your lawyer. When you pay a retainer, you’re basically “reserving” a lawyer’s time, attention, and expertise. Think of it as the legal world’s equivalent of putting a deposit down to reserve a table at a busy restaurant or booking a contractor to work on your home. You’re making sure your lawyer is ready and able to handle your legal needs when you need them most.

What Does the Retainer Fee Cover?

Retainers can cover a range of services depending on your agreement, such as:

• Attorney’s hourly work on your case
• Legal research and preparation
• Drafting documents, pleadings, or letters
• Filing fees and court costs
• Depositions and trial appearances
• Expert witness or investigator fees (if specified)

Always check if your retainer agreement outlines exactly which services and expenses are covered to prevent misunderstandings later.

What Type of Cases Require Retainers?

Retainers aren’t only for big, drawn-out lawsuits. They’re used for everything from divorce cases, business transactions to wrongful death cases, and even for ongoing advice. If you want to be sure you can reach your attorney when issues pop up, a retainer is how you make that happen. 

How Much Do Most Lawyers Charge for Retainers?

The cost of a lawyer’s retainer can range widely based on several factors: the difficulty of the case, the lawyer’s level of experience, and the lawyer’s location. Retainers for routine matters might be as low as $500 to $2,000, while more involved legal cases—such as business litigation or criminal defense—could require $5,000, $10,000, or even more upfront. Some cases or high-stakes litigation may demand retainers of $25,000-100,000 or more. It’s common for the attorney to estimate the amount needed based on expected hours, case difficulty, and any anticipated court costs or filing fees.

Always ask your attorney for a written fee agreement that explains how the retainer was calculated, how billing is handled, and when (or if) you’ll need to add more money. Transparency up front saves a lot of headaches later.

How Long Is a Lawyer Retainer Good For?

A lawyer retainer is generally “good for” as long as the funds remain in the trust account and the attorney-client relationship is active. But the specific time frame can depend on your agreement and the nature of your legal issue.

If you paid a retainer for a one-time service (like preparing a will), your retainer is used up as soon as the lawyer completes the work. If you’ve retained a lawyer for an ongoing matter—like a drawn-out lawsuit or continued legal advice—the retainer lasts until it’s been depleted by billable hours and expenses.

In short, your retainer lasts until the work is done, the funds are used up, or your agreement with the lawyer ends. It’s always wise to clarify these details with your lawyer so you’re not left guessing how long your money—and their commitment—will last.

How Long Does a Lawyer Have to Bill You to Be On Retainer?

The time frame for a lawyer to bill a client is usually defined by the retainer agreement and the firm’s billing practices. Some law firms send invoices monthly, while others bill as milestones are reached or work is completed. Generally, lawyers must submit bills within a reasonable period after services are rendered. Always review your agreement for details on billing frequency and timing.

Most states—and many firms—require lawyers to provide timely billing within 30 to 60 days after the work is performed

Are Attorney Retainers Refundable?

One of the most common questions people have about retainers is: if I don’t use all the money I put down, do I get it back? The answer is usually, yes, but it depends on the kind of retainer and the terms of your agreement.

There are two main types of retainers: “earned” (or “non-refundable”) retainers, and “security” (or “advance”) retainers. An “earned” retainer is a flat fee paid to ensure the lawyer’s availability—it’s the lawyer’s to keep, no refunds, whether they end up working for you or not. These are less common and often used for ongoing, general legal availability. 

The more typical arrangement is a security retainer. Here, the money sits in a special trust account, and as your lawyer works and bills hours, they draw from this fund. If your case wraps up and there’s still money left in the account, you get the money back. However, if you fire your lawyer or they settle your issue early, you’ll also be refunded for unused retainer funds. 

The key thing is to read your agreement carefully because your lawyer should clearly spell out how refunds work before you hand over your money. It’s a good practice to ask your attorney upfront: “What happens to my retainer if my case resolves quickly, or if I decide not to proceed?” That way, you’re never caught off guard and can budget confidently.

Do Legal Fees Come Out of a Retainer?

Absolutely. The typical process:

1. You pay the retainer.
2. Funds go into a designated trust account.
3. Your attorney works and bills hours or specific tasks.
4. Fees and expenses are deducted from the retainer.
5. You receive periodic statements showing deductions and remaining balance.

This approach gives you transparency and control over budgeted funds while your attorney delivers ongoing services.

Can You Negotiate Lawyer Fees After a Settlement?

It is sometimes possible to negotiate lawyer fees after a settlement, especially if circumstances have changed, or if there is a dispute about the amount owed. But most fee structures are settled at the beginning of cases and are unchangeable after settlement.

In contingency cases, lawyers’ fees are usually set as a percentage of the recovery, but clients may be able to negotiate reductions in cases of hardship or if unexpected costs arise. Open communication and reviewing the fee agreement carefully at the outset will help avoid misunderstandings later.  

Can You Get a Lawyer Without a Retainer?

It is possible to get a lawyer without a retainer, but it’s rare for ongoing cases. Other options include:

• Flat fees: One-time payment for a specific service (e.g., estate planning).
• Contingency fees: Lawyer only gets paid if you win (common in personal injury).
• Hourly billing without retainers: You pay monthly or after services are rendered.

However, most firms who don’t work on contingency agreements require retainers to ensure preparedness and prioritize client needs, especially for courtroom representation.

Why Do People Keep Lawyers on Retainer?

Clients keep lawyers on retainer to:

• Guarantee immediate legal access when urgent issues arise.
• Maintain ongoing guidance and support, especially for difficult cases or business matters.
• Avoid payment surprises by having set funds available in advance.
• Strengthen the professional relationship—when you invest in a retainer, your lawyer is more invested in your success.

Whether for personal or business purposes, a retainer ensures readiness, responsiveness, and reliability.

How Long Does It Take for an Attorney to Decide to Take Your Case?

Initial case review can range from same-day to several days, depending on the attorney’s workload, case urgency, and difficulty. For many cases, you’ll receive a decision within 48 hours.

Retainers? How West Coast Trial Lawyers Fights for You, No Cash Upfront

At West Coast Trial Lawyers, we know the idea of a retainer can feel like one more hurdle when you’re already facing a tough situation. But here’s the good news:  we work on contingency, meaning you don’t pay us a dime upfront—our fee comes only when we win your case. Think of us as your legal team, ready to fight for the compensation you deserve without adding any financial stress. If you’re dealing with an injury caused from someone’s negligence, let’s talk.

 Call us at (213) 927-3700 for a free consultation or fill out our online contact form.

The post What is a Retainer for a Lawyer? appeared first on West Coast Trial Lawyers.

All road users are required to provide a duty of care, and when that is breached, it can result in accidents and injuries. The affected victim may be given the right to seek compensation for the financial losses incurred by the event. This includes acquiring the total value of their losses through what is referred to as economic damages. 

It is intended to reimburse personal injury victims for measurable or tangible costs. The damages awarded are often paid out as a lump sum, simplifying compensation by addressing economic damages in one amount. Understanding how this can be calculated can help you avoid settling for less than what your case is actually worth.

What Are Economic Damages?

Economic damages refer to financial losses a person suffers due to an injury or accident. Such an outcome can be caused by various circumstances, including some of the following:

• Distracted driving
• Road rage
• Drowsy driving
• Speeding
• Slip and falls on hazardous property

It is meant to compensate victims for out-of-pocket expenses along with other monetary losses pertaining to the incident. Since this is based on measurable economic harm, it can be documented and calculated by using receipts, pay stubs, and invoices.

Types of Economic Damages

Certain types of economic damages are based on documented costs and are made to reimburse the affected victim for compensation they have lost, or will need to spend, as a direct result of bodily harm. Common examples are covered in the sections below.

Medical Expenses

Medical bills are usually a large portion of economic damages that cover health care services needed to treat an injury, including some of the following:

• Ambulance fees
• Hospitalization
• Diagnostic imaging
• Long-term medical treatment
• Health care providers
• Nursing or household services

Some injuries require ongoing care, meaning that expert testimony may be needed to figure out what the projected cost will be over time.

Lost Wages

If an injury makes you miss work, you may be entitled to compensation for lost income during that period of time. This can include:

• Hourly wages or salary for the number of days missed
• Bonuses that could have been earned
• Overtime pay that may have otherwise been available

Proof of lost wages typically comes from pay stubs or tax returns. Your employer could also confirm on their end the amount of time you missed and your regular compensation.

Loss of Earning Capacity

If your injuries made it practically impossible to continue the same line of work or reduced your ability to earn as much pay as you did prior to the incident, you may be awarded damages for diminished future earning potential. This is common in the following cases:

• Permanent psychological or cognitive limitations
• Inability to fulfill work-related duties as a whole due to physical pain or emotional distress
• A change to a lower-paying job as a result of medical restrictions
• Missed opportunities, promotions, or professional growth

Calculating such losses may require expert analysis from either an economist or vocational expert who can estimate what your future income would be based on your age, medical condition, and experience.

Property Damage

This usually involves repairing or replacing personal property damage in a collision. The most common case includes vehicle damage, but it can also apply to:

• Electronic devices, like cell phones and laptops
• Traveling equipment, including bicycles or motorcycles
• Clothing or accessories
• Work-related items, such as tools or equipment

You may receive reimbursement for the fair market value of the item if it was destroyed, or for repair fees if it is fixable. Documentation, such as receipts, repair estimates, or appraisals are needed to determine what the total will be.

Out-of-Pocket Expenses

These are additional costs that arise directly from your bodily injury. While they may seem minor when assessed individually, they can add up significantly and are recoverable if documented properly. This may include:

• Transportation fees
• Hotel stays
• Childcare expenses
• Home modifications
• Vehicle modifications
• Medical supplies
• Rental vehicles

You will need to maintain records of your receipts, invoices, and other documentation pertaining to these expenses to have them included in your personal injury claim.

What Is the Difference Between Economic Damages and Non-Economic Damages?

While economic damages cover financial losses resulting from an injury, compensation does not stop there. Victims are also given the opportunity to secure non-economic damages. This refers to intangible losses that are not easily measured in dollar value. Some include the following:

• Pain and suffering: This involves discomfort or chronic pain due to injury.
• Emotional distress: Anxiety, depression, and post-traumatic stress disorder (PTSD) can appear shortly after the accident.
• Loss of enjoyment of life: When injuries prevent you from enjoying your daily activities or hobbies you had prior to the collision.
• Disfigurement or physical impairment: This includes scarring, loss of a limb, or other permanent physical changes that can tamper with your appearance or affect your mobility.
• Loss of companionship: The impact the injury made with close relationships, including intimacy, companionship, or affection with a significant other or a family member.
• Mental anguish from permanent disability: The long-term psychological impact of adjusting your lifestyle due to a major injury.

Understanding the distinction between the two types will help illustrate the full extent of what an injured person can be entitled to.

How Do You Prove Economic Damages

To prove economic damages, you will need to show detailed evidence demonstrating the financial expenses you suffered as a direct result of the accident. Courts and insurance companies may require you to prove that your expenses are legitimate and relate to the event. This usually includes the following:

• Medical bills and records: To exhibit the costs of hospital visits and past and future medical care needs.
• Pay stubs or tax returns: To demonstrate lost income or diminished earning capacity.
• Repair estimates or invoices: For property damage, like vehicle repairs.
• Expert testimony: Mostly from doctors or economists when showing future costs or long-term loss of income.

You should also consider acquiring a copy of the police report and surveillance footage as evidence to prove the incident itself and the extent of your injury. 

Is There a Time Limit on Economic Damages?

There is a time limit on economic damages, and it is governed by the statute of limitations. In California, most personal injury cases will need to be filed within two years from the date of the injury. If you miss the deadline, you will no longer be given the opportunity to recover damages, regardless of the severity of your financial losses.

Some exceptions, however, may apply. For example, if the injury was not discovered immediately after, the clock may begin on the initial “discovery date.” If the claim is made toward a government entity, you will need to file an administrative claim within six months.

It is important for injury victims to act quickly. Acquiring evidence pertaining to financial losses may be challenging to document if you delay the process.

What If I Was Partially at Fault?

If you were partially at fault for the accident, you may still be entitled to compensation, however, it will be altered according to your percentage of fault. This is known as pure comparative negligence.

Under this legal system, your pay will be adjusted based on your share of the blame. For instance, if you endured $100,000 in damages, but were found to be only 30% at fault, you will still be eligible to receive $70,000.

Comparative negligence usually applies during settlement negotiations or trials. Insurance companies will try to direct most of the blame on you to minimize payout, so it is important for you to gather solid evidence and seek legal support to challenge unfair claims made by the opposing side.

Each type of attorney excels in a different field. Some may have knowledge and expertise in car accident cases whereas others will provide efficient services when handling wrongful death claims. These scenarios involve unique circumstances that will require help from someone who has the experience needed to deliver satisfactory results. Be sure to carefully assess your options and go with someone who you believe would be an excellent lawyer that will handle your situation with the utmost level of care and competence.

How to Calculate Economic Damages

To calculate economic loss, total all your financial expenses pertaining to the injury. This includes:

• Lost wages
• Reduced earning capacity
• Future medical expenses
• Property damage repair or replacement fees
• Any other out-of-pocket expenses, such as in-home care or transportation

Adding these up will help you learn what amount of economic damages you can pursue to recover compensation. You can also input your losses into our personal injury settlement calculator to reveal the estimated value of your case.

Are Economic Damages Calculated Differently in Other States?

Economic damages can be calculated slightly differently in other states, including Arizona, Nevada, and Washington. However, the underlying principle will stay the same, which is to compensate for tangible losses caused by an accident or injury.

Arizona

In Arizona, economic damages are calculated when adding up all financial losses caused by the injury. This includes past and future medical expenses, lost wages, and property damage. To prove economic damages, victims will need to gather documentation, specifically medical bills, pay stubs, and repair estimates. Arizona does not impose any caps on economic nor non-economic damages, giving injured victims the opportunity to recover full compensation for losses incurred in an accident.

Like California, Arizona follows the pure comparative negligence rule, meaning that compensation may be adjusted based on their percentage of fault. But, they can still acquire damages even if they are mostly accountable for the incident. 

Nevada

In Nevada, economic damages are based on all financial losses caused by an injury, including medical bills, lost wages, and property damage. There is no set formula, but proper documentation is needed to help support your claim. Nevada does not have caps set in place for economic damages when it comes to personal injury cases.

The state follows a modified comparative negligence rule. If the plaintiff is more than 50% at fault, they are unable to recover damages. Otherwise, they will receive adjusted compensation based on their percentage of fault, specifically if they are less than 50% liable. 

Washington

In Washington, economic damages are added by adding up all financial losses related to the injury, like past and future medical costs, lost income, and property damage. Victims will need to provide documentation to support their claims, like insurance statements, receipts, and pay stubs. The state does not impose caps on economic damages for personal injury cases.

Similarly to California and Arizona, Washington also complies with pure comparative negligence laws, meaning that compensation will be reduced according to the degree of fault committed.

Is There a Cap on Economic Damages?

In California, there is no cap on economic damages when it comes to personal injury claims. This means that injured parties can recover full financial compensation, like medical bills or lost income, just as long as losses are supported by credible evidence. However, non-economic damages may be capped for medical malpractice cases, which for 2025 is:

• $430,000 for non-death cases
• $600,000 for wrongful death cases

Are Attorney Fees Economic Damages?

Attorney fees are usually not considered economic damages since they are perceived as a cost of litigation, not necessarily a direct loss caused by an injury or wrongdoing. Under the American Rule, each party will have to cover their own legal fees. However, exceptions may apply in which attorney fees can be recovered:

• Contracts that involve fee-shifting provisions
• Statutory authorization 
• Intentional breach of contract
• Constitutional rights cases

Get Legal Support From West Coast Trial Lawyers Today

Recovering economic damages may not be as simple of a task to achieve on your own. You will be required to collect critical documentation pertaining to the financial expenses you sustained  due to the accident. With the help of a qualified attorney, you can improve your chances of a successful outcome. 

At West Coast Trial Lawyers, we will provide the guidance and support needed to help maximize financial recovery. With over 20 years of experience handling personal injury claims, we have recovered more than $1.7 billion in settlements on behalf of our clients. 

To book a FREE consultation, we welcome you to connect with us by calling (213) 927-3700 or completing our quick online contact form.

The post What Are Economic Damages [In-Depth Guide] appeared first on West Coast Trial Lawyers.

Compensatory damages, also referred to as actual damages, are granted to restore a person to the position they were in prior to the accident or injury.  In car accident cases, for instance, this can include reimbursement for:

• Cost of future medical expenses
• Reimbursement for property damage
• Physical and emotional suffering

It can be divided into two types: special damages, such as tangible, financial losses and general damages, which account for difficult-to-measure harm. These can provide fair compensation for the victim whether it be for immediate or long-term circumstances connected to the injuries sustained. Understanding the full scope of compensatory damages is important to properly assess the overall value of your personal injury case.

What Are Compensatory Damages?

Compensatory damages are common damages awarded in personal injury lawsuits. The intent is to reimburse the injured person for losses caused by someone else’s negligence. These damages are made to restore the position they were in prior to the injury.  This form of compensation can include a wide variety of losses.

For example, if an injury led to medical treatment or ongoing care, compensatory damages can help cover costs pertaining to those services.  If someone has missed work or can no longer do their job as they did prior to the event, they may be entitled to reimbursement for lost wages or diminished future earning potential. But injuries are not always limited to financial hardships.

Compensatory damages can also focus on personal consequences, like anxiety or physical pain.  These types of harm may not come with receipts or invoices, but they are real and can greatly affect a person’s overall well-being.

What Are the Two Types of Compensatory Damages?

As discussed earlier, compensatory damages are made to reimburse someone to help restore the position they were in before the accident happened.  These damages go beyond medical bills or lost income by also covering personal hardships connected to the injury. To better differentiate these losses, compensatory damages have been divided into two categories: economic damages and non-economic damages.

Economic Damages

Economic damages involve losses that can be measured using bills, receipts, or other forms of financial documentation. They may include costs, like:

• Emergency treatment
• Ongoing medical care
• Medication prescriptions
• Rehabilitation
• Lost wages and future loss of earning ability

These records can be used as solid evidence, and will make it easier to calculate and present in settlement negotiations or trials.

Non-Economic Damages

Non-economic damages refer to the personal and emotional toll a person undergoes in the aftermath of an accident. These losses do not necessarily show up on a bill, but still carry heavy and real weight. This may include:

• Physical pain
• Mental anguish
• Emotional distress
• Permanent disability
• Disfigurement
• Loss of consortium
• Loss of enjoyment of life

Are Compensatory Damages Taxable?

In most personal injury cases, compensatory damages will not be considered taxable income in California. But, this will depend on what damages are meant to be covered.

If you are given compensation for physical injuries or sickness, the IRS and California Franchise Tax Board will typically not treat that money as taxable. This includes amounts provided for:

• Medical expenses
• Pain and suffering pertaining to physical harm
• Lost wages tied to the time missed due to the injury

But, there are exceptions. If any portion of the award is for emotional distress that was not caused by physical injury, it may be taxable. In addition, if you deducted medical expenses pertaining to the injury in a previous tax year and then was given compensation for those same fees later, that portion may need to be reported as income.

Compensation for punitive damages (exemplary damages) that are not meant to reimburse losses but enforce consequences to the defendant, is taxable under both federal and state law.

Since tax consequences will differ based on the structure of your settlement or verdict, it would be ideal to present your case to a tax advisor when seeking a resolution for a personal injury claim to ensure you are aware of reporting obligations.

How to Calculate Compensatory Damages?

Calculating compensatory damages involves adding the full extent of the losses a person has incurred as a result of an injury. This process may require you to include the amount of economic and non-economic damages involved in your case.

For measurable expenses, like medical bills and lost wages, calculations will be determined based on documented costs. This will include receipts, invoices, and paystubs. Expert testimony and future care or lost income may also be considered.

The most challenging part of the calculation will involve damages that do not include a price tag, like emotional distress and pain and suffering. There is no actual universal formula, but courts, attorneys, and insurance companies may rely on two common approaches:

• Multiplier method: This will involve adding up the total of all financial damages and then multiplying the amount by a number, ranging between 1.5 and 5, based on the extent and long-term effects of the bodily injury.
• Per diem method: Such an approach will involve assigning a daily dollar value to the victim’s pain and suffering, which is then multiplied by the amount of days the person is predicted to endure hardship.

Although these methods provide a general structure, the actual value will rely heavily on the details connected to the personal injury case, like the nature of your injury, your recovery timeline, how it will impact your life, and the strength of supporting evidence.

Insurance companies and defense attorneys may try to minimize payout, which is why it is important to develop a well-constructed claim and have an excellent lawyer on your side to negotiate on your behalf to better your chances of securing fair compensation.

How to Prove Compensatory Damages?

Proving compensatory damages will require you to show not only that the other party was at fault, but that your losses are directly linked to your injury. You will need to gather crucial evidence that will help demonstrate the financial and personal impact you suffered as a result of the accident. 

Some forms of monetary damages that you will have to show include the following:

• Medical records and bills that state the type of treatment you received and how costly it was.
• Pay stubs, tax returns, or employer statements to prove loss of income.
• Invoices and receipts for any out-of-pocket expenses pertaining to your injury.
• Expert testimony, specifically from doctors or vocational specialists, to predict future medical costs or reduced earning capacity.

When it comes to intangible losses, like pain and suffering or reduced quality of life, evidence may become more personal, but still impactful:

• Your own testimony covering how the injury has affected your day-to-day lifestyle.
• Statements from friends and family members who have witnessed your physical or emotional changes.
• Mental health records if you received therapy or counseling in the aftermath of the accident.
• Photos, video footage, or journals that document the physical and emotional complications you have faced over time.

Be sure to have a well-organized, evidence-backed case as it can make all the difference when it is time to negotiate for a reasonable settlement or when you are presenting your case in court.

What Is Not Included in Compensatory Damages?

While compensatory damages are meant to cover the full range of losses a person sustains due to an accident, they do not include all types of payment in a personal injury case. These damages are mostly focused on reimbursement, whether it be for financial costs or personal hardships, and are not served as punishment or a reward beyond what was actually lost. Certain types of damages that are not compensatory include the following:

• Punitive damages
• Attorney fees and court costs
• Interest on damages
• Damages based on assumptions or speculations

Simply put, compensatory damages are made to repay, not to penalize or offer gains that have no relation to the actual harm suffered. Knowing what falls outside this category is just as vital as comprehending what is included when assessing the value of your personal injury claim.

Are Compensatory Damages Considered Income?

Some compensatory damages are considered income for tax purposes, whereas others are

not. The taxability will vary based on the nature of the damages and the harm that is intended to be compensated. As previously stated, compensatory damages awarded for personal physical injuries or sickness are usually excluded from gross income and, therefore, are not taxable. This includes payments for medical expenses and emotional distress and pain and suffering related to the physical injury.

Damages awarded solely for emotional distress that are not directly connected to a physical injury are usually taxable. Any interest earned on the settlement amount will be considered taxable income.

While punitive damages are not compensatory, they are almost always taxable. There is a limited exception when it comes to wrongful death cases where state law only provides for punitive damages. And lastly, damages for non-physical injuries, including breach of contract or defamation, are generally taxable.

How Do Courts Determine Damages?

Courts will determine damages by assessing the evidence presented, the extent of your injury, and how it has affected your overall lifestyle. They will take into consideration the current and future losses, including:

• Medical costs
• Lost income
• Personal hardship

Expert input and state laws will also be considered. The ultimate goal is to ensure a fair amount is issued, with it accurately affecting the full impact of your injury.

Which Damages Are Not Recoverable?

While personal injury claims offer a wide variety of compensation, not all types of loss or harm are qualified for recovery. Courts will mostly focus on providing damages that are proven and related to your injury. Some types that are typically not recoverable in such cases include the following:

Unforeseeable Damages in Contract Disputes

Consequential or special damages, which occur indirectly from a breach of contract, are usually not recoverable unless they were foreseeable when the contract was established. The breaching party will need to have a reason to know that their actions could cause such specific losses. For example, if a supplier delays a shipment without knowing that the buyer relies on it for a product launch, the buyer may not be able to claim lost profits as consequential damages.

Punitive Damages in Contract Cases

Punitive damages are usually not available in contract disputes. Courts will reserve these for tort cases that involve intentional, reckless, or malicious behavior. Simply failing to meet contractual obligations, regardless of how frustrating it can be, is not enough to warrant punitive compensation. To recover such damages, the plaintiff will have to meet a higher standard of proof.

Emotional Distress in Breach of Contract Cases

Emotional distress is not recoverable in breach of contract cases unless the contract is centered around emotional well-being, like hiring a wedding photographer or funeral service. Some federal statutory claims, including the Title VI, Title IX, and the Rehabilitation Act, enforce limits on emotional distress compensation. Recent court rulings, like the Supreme Court’s decision in Cummings v. Premier Rehab Keller, have narrowed the availability of emotional distress damages under these regulations.

Damages from a Judgement-Proof Defendant

Even if a plaintiff wins a case and is able to prove their losses, compensation may not be possible if the liable party does not have insurance or any other financial resources. These defendants are classified as “judgment proof.” While a judgment may be in the plaintiff’s favor, the inability to collect will make the damages limited or unrecoverable.

Let West Coast Trial Lawyers Evaluate the Full Value of Your Injury Claim

At West Coast Trial Lawyers, we will take a thorough approach to evaluate all aspects of your injury claim. From the moment you reach out to us, we will work diligently to determine all forms of compensatory damages you may be entitled to.

We do not rely on rushed settlements, and instead will gather evidence, speak to medical experts, and look into how the accident has affected your overall lifestyle. This will help ensure you are not given an offer that does not accurately reflect the true value of your case. Let us help you make informed decisions to direct you into the path of full financial recovery.

To learn what you may be entitled to, you can use our personal injury settlement calculator by entering the losses you suffered as a result of the accident. You can also book a FREE case evaluation with one of our knowledgeable personal injury attorneys and have them assess your situation to determine what you could be eligible for. 

To get started on the legal process, you can reach out to us by calling (213) 927-3700 or filling out our convenient online contact form. 

The post What Are Compensatory Damages? [An In-Depth Guide] appeared first on West Coast Trial Lawyers.