In a personal injury lawsuit, what are the various damages that are awarded for compensation?
Depending on the speed, angle and many other factors of a car accident, the injuries and damages can range from minor to severe or even deadly. If you have been a victim of a car accident in California due to someone’s negligence you have the right to file a personal injury lawsuit against them. If your lawsuit is successful, the judge will award you compensation for medical expenses, lost wages, and pain and suffering caused by the accident. The at-fault driver or the driver’s insurance company is supposed to pay this compensation amount. If the driver who is at-fault is found to be negligent and careless while driving at the scene of the accident, it is highly possible the judge will give an award for punitive damages.
What Are Compensatory Damages?
Compensatory damages are payments that are made to the victim for economic losses that are incurred following a car accident. These damages also take into account future damages that may arise due to medical or personal life loss. These include medical expenses already incurred and likely future expenses due to the medical condition caused by the accident. The loss of wages due to absence from work during the recovery period is also covered. Pain, suffering, and mental anguish caused by the accident are included. At the end of the day, a jury is usually the people that decide the amount of compensation the victim is to be awarded, although, in some states have more restrictions than others.
In an accident the severity of the injury can vary vastly. With so many factors to consider, such as the speed the cars were traveling and their size, it is easy to understand why this would be the case. Victims of car accidents have the legal right to pursue compensation for all the damages and injury that is endured due to the negligence of someone else.
Accidents are never the same each case. There are various ways an accident can affect your day to day life. Bring our legal team the full details of all of your injuries and the ways that your life has changed as a result. The car accident lawyers at Krasney Law can help you pursue the amount of financial compensation you are entitled to.
The following are some of the more common damages resulting from car accident injuries:
Different Medical Expenses
Any medical bills that are gained following a car accident should be added to your claim. These would include the obvious physician and hospital bills plus:
- Physical therapy
- Ambulance Fees
- Medically needed accessories
- Occupational therapy
If you suffer a debilitating injury from the car accident, our team of car accident lawyers will also advise you to pursue compensation for future medical care, including the cost of in-home nursing care, or the placement in a rehabilitation facility.
Lost Wages & Lost Time
Part of the damages that the law takes into account is the money you lose due to injuries and recovery. Missing time at work and other financial obligations is an important factor to consider in your claim. At Krasney Law, our team of lawyers will also be able to help you show how the injuries you sustained have diminished your capacity to earn wages at your full potential. Direct loss of current wages and the loss of potential future wages are both damages that can be applied in a car accident claim.
What About Pain and Suffering?
In California law, pain and suffering refer to any physical stress or mental stress that is endured due to atraumatic accident. Damages recovered for pain and suffering depend on the type of injury and the effect it has had on your quality of life. The amount of physical pain associated with the injury and any disability or disfigurement you may now be living with are all considered pain and suffering damages. Depending on the severity of the case, emotional stress can be included with pain and suffering because it can debilitate people sometimes.
Comparative Fault In California?
California is a “no-fault” state. Certain states follow the law of comparative fault. The judge or jury will examine the case and determine your percentage of fault in causing the accident. If you contributed to the accident by your negligence, your recovery amount will be reduced by that percentage. Comparative negligence is a term used in the law which means that your own negligence also played a part in causing the accident as well as your injuries.
Punitive or Exemplary Damages
Sometimes, you may be given extra compensation aside from the actual financial expenses you incurred on medical treatment or other obligations and even pain and suffering. These are punitive or exemplary damages and they are awarded a motive to further punish the defendant for a lack of proper care while driving and also to deter the same carelessness and negligence again. Conduct of the defendant which goes beyond basic negligence, such as malicious, vindictive, willful, or reckless conduct is considered while awarding this compensation.
Contact A California Car Accident Lawyer Today!
To get the maximum possible compensation for your injuries to speak with an experienced car accident attorney from Krasney Law. Call us today at (909) 380-7200 for a free consultation.