In the aftermath of a car accident caused by another party's negligence, understanding the scope of potential damages is crucial for seeking appropriate compensation. This article delves into the intricacies of car accident damages in California, exploring both economic and non-economic categories. Through expert legal guidance, victims can navigate the complexities of seeking justice and rightful compensation following a car accident in California.
What Kinds of Car Accident Damages Can You Seek in California?
If you’ve been in a car accident caused by someone else’s negligence, you have the right to seek monetary compensation. The nature and amount of this compensation, known in the law as damages, will vary from one case to another. A California personal injury attorney takes a look at the types of damages that are available to car crash victims in the state.
One category of monetary compensation is known as economic damages. These involve financial losses that the victim suffers because of the car accident. Also included are reasonably forecast future losses that the victim will experience. Because economic damages are objective in nature, they are relatively easy to calculate. Below are some examples.
These are some of the most significant losses stemming from car accidents. Even victims who have been in minor wrecks may require a doctor’s attention. Victims can seek compensation to cover both past medical bills and those that may be incurred later, including:
To project what your future medical costs may be, your California car accident attorney will rely on the testimony of expert witnesses. Expert witnesses can also estimate other types of future damages.
While car accident victims recover from their injuries and attend medical appointments, they will miss time from work. This could cost them substantially in terms of lost earnings. The victim may also need to use up his or her vacation and sick leave time, and compensation can account for that loss.
Unfortunately, many victims are unable to return to the same careers or jobs they had before their accidents. They may be able to work the same job, but at a reduced level of productivity. This could cost them substantial sums of future income and benefits for which the law allows compensation.
If your car was damaged or destroyed in the wreck, it may cost a great deal of money to repair or replace it. California law allows victims to demand damages for these purposes. The same is true for any other personal property that was lost in the crash. Be sure to give your attorney a full accounting of all property that was affected by the accident.
Compared to economic damages, non-economic damages are more subjective in nature. They account for intangible losses that are less straightforward in terms of calculation. As a general matter, any sort of non-financial harm that the car accident victim suffers could potentially be included in the damages total. Examples of non-economic damages include:
Although these damages are not objective in the same way that economic damages are, they are no less real to the victim. Being in a car accident can wreak major havoc on a person’s life. The trauma alone can make it difficult to hold down a job, participate in social activities, and enjoy one’s hobbies and interests. A California car accident lawyer, with the assistance of expert witnesses, can assist with the non-economic damages calculation.
In some cases, car accident victims can pursue punitive damages. As the term implies, “punitive” is intended to punish the at-fault party. However, punitive damages are rarely awarded in California personal injury lawsuits. The defendant must have exhibited more than the negligence that is required for damages awards in general. There must also be evidence of “oppression, fraud, or malice” against the victim. The evidence must be clear and convincing that the defendant engaged in such wrongdoing.
If you or a loved one were injured in a California car accident, our firm can review your case and advise you of which damages you can claim. Text Kevin Accident Attorneys are ready to help you and your family seek the justice and compensation you deserve. Contact us today.
