California Car Accident Compensation: What Damages Can You Recover?
Beyond just the physical injuries a car accident can cause, there are many practical and financial implications to deal with. One of the most common questions accident victims have is what type of compensation they may be entitled to recover. This article provides an overview of the various types of car accident compensation in California after a car accident.
Economic Damages
Economic damages refer to tangible, documented losses that can be precisely calculated. These include both losses already incurred as well as future expected losses. Common economic damages include:
- Medical expenses - This covers ambulance fees, hospital bills, surgery costs, prescription medications, physical therapy, rehabilitation, at-home nursing care, medical devices like wheelchairs or crutches, and any other medical treatment required as a result of the accident. Make sure to keep all receipts and request copies of medical records. Also, track your mileage for trips to doctor appointments or pharmacy visits.
- Lost wages - If injuries from the accident caused you to miss time at work, you can claim lost income for the days you were unable to work. Provide pay stubs, tax returns, W-2s, and other documentation to verify your typical wages as well as any sick or vacation time used as a result of the accident. Loss of wages also includes missed overtime opportunities, bonuses, commissions, and any other compensation you were unable to earn due to the accident.
- Loss of future earning capacity - If your injuries will prevent you from working in the future or limit your ability to earn the same income, you can claim these projected lost wages. A vocational expert can analyze your career prospects and estimate reductions in future earning potential based on your age, education, qualifications, experience, and average salary ranges for your profession.
- Property damage - Any damage to your vehicle or other personal property like a cell phone, laptop, eyeglasses, clothing, or other possessions damaged in the crash can be claimed. Provide repair estimates from auto body shops, dealerships, or mechanics. For totaled vehicles, you can claim the fair market value before the accident. Keep records of any rental car costs while your vehicle is being repaired.
- Cost of household services - If injuries prevent you from performing typical household duties like cleaning, cooking, mowing the lawn, caring for children, or running errands, the costs of hiring help can be included in a claim. Keep track of costs for house cleaning services, childcare, lawn care, and other tasks you are unable to carry out.
Non-Economic Damages
Non-economic damages cover losses that do not have a direct dollar amount associated with them. These subjective, intangible damages aim to compensate accident victims for the physical and emotional suffering caused by the accident. Common non-economic damages include:
- Pain and suffering - You can claim damages for any pain resulting from injuries sustained whether it be broken bones, burns, scarring, bruises, cuts, scrapes, head trauma or any other immediate or lingering pain. Things like headaches, backaches, stiffness, soreness, reduced mobility or discomfort would fall under this category. Keep a pain journal detailing your symptoms and their impact on your daily functioning.
- Emotional distress - Compensation can cover any emotional trauma caused by the accident such as anxiety, fear, sleep disturbances, flashbacks, crying spells, depression, anger, irritability, PTSD, or worsened mental health conditions. Maintain records of therapy appointments, prescriptions, and how your emotional health has declined since the accident.
- Loss of enjoyment of life - Damages can be recovered for the impact the accident had on your ability to participate in hobbies, activities, sports, vacations or other things that previously brought you joy. Keep a detailed journal outlining specific activities you can no longer enjoy.
- Loss of companionship - For severe injuries that require significant care, damages can be claimed by family members for the loss of companionship and support the injured person previously provided such as childcare, transportation, emotional support or intimacy. Family counseling records can help substantiate these claims.
- Scarring or disfigurement - Visible scarring from injuries sustained, permanent limitations in mobility of limbs, or alterations in physical appearance due to the accident can be claimed. Having severity assessed by a medical professional is advisable.
- Shortened life expectancy - In the most serious accidents involving permanent disabilities or severe trauma, damages can be claimed for a reduced lifespan. Using expert analysis to prove the injuries sustained have significantly reduced average life expectancy due to ongoing health complications or impairments can allow recovery of these damages in some cases.
Punitive Damages
Punitive damages aim to punish the at-fault party for especially reckless or egregious behavior. They are awarded separately from economic and non-economic damages. While punitive damage awards are limited in California, they are possible in cases involving drunk driving, road rage, intentional harm, gross negligence, or extreme recklessness. Situations where the liable party knew of dangers but showed blatant disregard for public safety can warrant punitive damages. Conduct that goes well beyond mere negligence is required to claim these extra damages meant to reform behavior and deter future misconduct.
Statutory Limitations on Damages
Certain statutory limitations on accident damages exist under California law. These include:
- $350,000 cap on non-economic damages in medical malpractice cases
- Those covered by worker's compensation have limits on the ability to file injury lawsuits against employer
- Family members may only recover loss of companionship damages in wrongful death suits, not personal injury cases
- Plaintiffs found partly at fault may have economic and non-economic damages reduced by percentage of fault
Navigating California's complex laws around accident compensation can be challenging. An experienced car accident lawyer Riverside can best advise you on state statutes impacting damage claims and whether exceptions may apply in your case.
Seeking Maximum Compensation in California
Calculating the full compensation owed to an accident victim can be quite complex. Many factors impact the amount of damages that can potentially be recovered. Working with an experienced Riverside car accident lawyer is highly recommended to ensure you receive the maximum compensation allowed in California for your unique circumstances.
An attorney can help gather evidence, prove liability, demonstrate damages, negotiate fair settlements, and file a lawsuit if necessary. They work on a contingency fee basis, so you pay nothing upfront and owe fees only if your case is successful.
Contact Us Today
If you have been injured in a California car accident, contact the expert attorneys at Karns & Karns Personal Injury and Accident Attorneys for a free consultation by calling 800-4THE-WIN (800-484-3946). We have recovered hundreds of millions of dollars for our clients and have the skills and resources to build a strong claim for the compensation you deserve. Don't wait to have your injuries evaluated and start pursuing compensation - California law sets strict deadlines for injury claims, so it is best to contact an attorney right away.
