According to the California Office Of Traffic Safety, in 2018, over 90,000 people were killed or injured in Los Angeles car accidents. In the same year, over 1,000 people died due to accidents caused by drunk drivers. If you or your loved one is involved in a car accident, determining damages is critical to receive the right compensation from the defendant.
Determining damages resulting from a car accident is a complex task, especially in Los Angeles, California. That’s why you need to employ the services of an experienced personal accident attorney to help you determine the damages you deserve. At Los Angeles Personal Injury Attorney, we will help you determine the damages you suffer in a car accident. We will also ensure you receive your rightful compensation from the defendant. If you are involved in a car accident in Los Angeles, do not hesitate to contact us.
Damages You Can Be Awarded as A Result of a Car Accident in California
The damages you receive due to an accident in California depend on the losses and injuries you suffer. When filing for a car accident claim, you ask for the maximum compensation. The damages you request include both economic and non-economic damages. You can set a monetary value on economic damages. On the other hand, it is difficult to place an economic value on non-economic damages. Some of the damages you can claim as a result of a car accident in California include:
- Medical costs
- Compensation for scars or disfigurement
- The loss of future earning capacity
- Medical care and treatment you might require in the future as a result of the accident.
- Pain and suffering
- Occupational and physical therapy
- Loss of a body part like a leg or hand
You can also receive punitive damages from the defendant. The court charges punitive damages to drivers who are reckless as a punishment. Disciplinary charges are also meant to discourage other drivers from acting recklessly.
The Process of Determining Damages in A Car Accident in California
Receiving compensation for injuries you sustain in a car crash is a complex process. You need a well-experienced California Personal Injury Attorney to determine damages you should receive for injuries and losses caused by a car accident. The personal injury lawyer is better positioned to deal with the justice system, the defendant’s insurance company lawyers, and insurance adjusters. The lawyer will also keep you informed of the case’s progress. When you suffer an accident, the last thing you want to do is run up and down, fighting for your rightful compensation.
To determine the rightful damages in a car accident, you need to carry out investigations on the cause of the accident, gather evidence, and finally file for a lawsuit. Usually, the police are the first to arrive at the scene of an accident. They carry out an investigation, which involves sketching the area where the accident has taken place. They review statements from you and everyone else involved in the accident. They can also receive eyewitness reports from people who witnessed the accident. However, the preliminary investigation can be brief. As such, the police might not have a clear picture of what transpired.
For this reason, it is essential to have your attorney do a thorough investigation. Your attorney will gather evidence of what transpired. They will establish who is at fault and, most importantly, determine damages that the at-fault driver should award you.
You can gather evidence through your attorney of the accident by reviewing the police reports, speaking to eyewitnesses, or have a motor vehicle accident expert review the site of the accident. You can gather more evidence by acquiring any surveillance tapes of the accident scene, reviewing the medical records, and checking out the insurance accident report.
Gathering strong evidence is critical in your endeavor to receive the right damages. With such evidence, it becomes easier to establish who’s responsible for the accident, what happened during the accident, and why the defendant should compensate you for the injuries. With strong evidence, your personal injury attorney will rightfully determine the damages you deserve.
Claiming Your Damages After A Car Accident in California
Before you receive damages for injuries and losses you suffer in a car crash, you must first claim the damages. The process of claiming damages in a car accident in Los Angeles is complex. That’s why it’s advisable to use the services of a Los Angeles Personal Injury Attorney.
The first step to claim damages after a car crash is to issue a demand letter. The demand letter outlines the parties involved in the accident, your demand for rightful damages from the defendant, the medical injuries you suffered, the property loss you suffered, and the facts of the accident, including what transpired.
It is essential to use an experienced personal injury attorney’s services to draft the demand letter.
Once you issue the demand letter to the defendant, their insurance company will start the negotiation process. You need to be extra careful at this point. Insurance companies have lawyers whose main aim is to pay you as little compensation as possible. You should let your lawyer handle the negotiations with the insurance company lawyers and adjusters.
If you negotiate on your own, there is a high chance you will be swindled and not receive your rightful compensation. Your lawyer will determine your damages in light of the evidence gathered, and the insurance company will not have a chance of underpaying you for your loss and injuries.
At times, the defendant’s insurance company refuses to settle outside the court, and the case proceeds to court. Your case is heard before a judge. A jury determines if you are to be awarded any damages and how much you should be awarded. To win a compensation claim case in court, you need to present strong evidence to convince the judge and jury the other driver was at fault.
You also need to prove you suffered both economic and non -economic damages. Although you might represent yourself in court, it is prudent to seek the services of an experienced personal injury attorney if you are filing the claim in Los Angeles.
Different Types of Damages as A Result If A Car Accident in California
Economic and Non-Economic Damages
The determination of the damages you suffer in a car accident depends on the losses you incur. Some injuries you suffer as a result of an accident are economical. Others are non-economical. That’s why it’s essential to use the services of an experienced California personal injury lawyer to help you file a claim.
If you sustain injuries that prevent you from earning, you can file for compensation. The court can either punish the at-fault party in the accident by charging them extra costs. The court can also compensate you for the damages you suffer as a result of the accident.
Maybe a family member died in the accident or as a result of injuries sustained in the accident. A California personal injury lawyer can request the court to ask the at-fault party to cater for the funeral costs. The court can also ask the at-fault party to compensate you for the emotional distress caused by your loved one’s death as a result of the accident.
Medical Expenses Damages
The injuries you sustain from a car accident can either be severe or minor. Some injuries are not apparent immediately after the accident. As such, you should undergo a medical check-up to ensure you have not suffered internal injuries.
Undergoing medical examination, especially when you have suffered severe injuries, is an expensive affair. The insurance company of the defendant usually handles the payment of your medical examination. Since the payments are generally high, the defendant’s insurance company may want to ensure that the injuries are as severe as you claim. In some cases, the court might order you to undergo a medical examination from an independent doctor to ascertain your claim of the injuries’ seriousness. This process is called the independent medical examination.
In normal circumstances, when you are injured in a car accident, you would go to your regular doctor for examination and treatment. But in some cases, the defendant might demand you undergo a medical examination from an independent doctor because you already have a relationship with your regular doctor. The defendant might be apprehensive that your doctor will exaggerate your injury’s severity so that the court can award you more damages.
The independent doctor will examine you to ensure you sustained injuries in the accident. The injuries are as severe as you claim, and that you did not sustain the damages due to another accident or something else. The court might require you to produce the independent medical examination report if your claim seems questionable.
How Much Should the Defendant Compensate You as Damages in California?
The compensation you should receive from the at-fault driver for your loss and suffering depends on your medical expenses, pain and suffering, personal loss, and property damage. Usually, for non-severe injuries, the defendant should compensate you between $2,500 to $10,000. Compensation for more severe injuries ranges from $30,000.
However, It’s critical to employ the services of an experienced personal injury lawyer to ensure you receive the right compensation.
Damage to Your Car
It is way much easier to determine the value of damages the defendant should award you in case of property damage. When your car is wrecked due to another driver’s negligence, they should compensate you for your loss. The money they should compensate you is equal to the market value of your wrecked car. Your car’s age and mileage determine the market value at the time of the accident.
You Have A Responsibility to Mitigate Damages
According to California law, you have a responsibility to mitigate the damages even if another person was at fault in causing the injuries you sustained in the car accident. Mitigating damages means that you should make an effort to reduce the effects of the injuries caused by the car accident. If you fail to mitigate your damages, the defendant can use your failure to mitigate the damages to reduce the damages they must pay you as the plaintiff.
According to California law, you should act as a normal and responsible person if they were in your situation. For example, you should look for another job even if you can’t continue with your previous job. You should also look for a doctor who charges reasonable treatment fees. If you refuse to seek medical attention or fail to look for another job, the defendant might claim you failed in your duty to mitigate damages.
Non-Economic Damages You Suffer as A Result of a Car Accident
Apart from medical expenses, you can also suffer other non-economic damages that are difficult to place a monetary value on. Pain and suffering and other losses that are not easy to quantify in economic value are considered non-economic damages. According to California law, you should also be awarded damages for these non-economic damages. The non-economic damages that you can suffer as a result of a car accident include but are not limited to:
- Humiliation
- Mental pain and anguish
- Grief if a loved one passes on as a result of the car accident
- Suffering psychologically due to the trauma caused by the accident
- Inconvenience
- Shock
- Insomnia
- Scarring
- Anxiety
Who Determines the Damages for Pain and Suffering or Other Non-Economic Damages You Suffer?
In California, a jury determines the value of non-economic damages you suffer due to a car accident. However, the state does not have a fixed standard in determining the value of non-economic damages.
You must prove that you have suffered anxiety or grief, for example, from the accident. That is why it’s crucial to employ a California personal injury lawyer’s services to help you convince the jury that you deserve compensation for your non-economic suffering.
The jury will base their decision on the damages to award you depending on the evidence you present and common sense.
The law does not require you to suffer physical injury to be compensated for the non-economic injury. But it is much simpler for the court to award you compensation for non-economic damages if you have a physical injury due to the car accident. You are also more likely to receive the compensation if:
- You suffer permanent disfigurement or lose the long-term function of a certain part of your body, like your hands or feet.
- The medical bills you incur as a result of the accident are high.
- You can verify the injuries you suffered due to the car accident through x-rays, lab tests, or other scientifically acceptable methods.
- You will take a long time to recover from the injuries.
- It will be difficult to recover from the injuries.
Loss of Affection or Companionship
Another type of non-economic damage that you might claim due to a car accident is the loss of companionship. If you are married, the injury might prevent you from showing affection to your spouse, including sex.
According to California law, the inability to have sex due to the injury is called “loss of consortium.” Your spouse files the loss of affection or companionship case. But you must recover damages for your injuries for the court to award your spouse these damages.
If your spouse dies due to the injuries sustained in the accident, you might claim damages due to the loss of companionship and society. To determine if you should be compensated and how much you should be compensated, the jury considers some factors. These factors include:
- If you had a loving and harmonious relationship with your deceased spouse
- Your living arrangement with the deceased
- The impact the death of your spouse has on the family.
Losing Your Earning Capacity
A car accident can cause injuries that prevent you from earning as much as you previously earned. The court considers some factors in determining your compensation for losing your earning capacity. The court considers your skills, age, training, occupation, health, life expectancy, and talents, among other factors. The main focus in determining the damages you will be awarded is the lost capacity to earn due to the car accident.
Call A Los Angeles Car Accident Attorney Near Me
A car accident can have detrimental effects on you both physically and psychologically. When you suffer loss and injuries in a car accident, you deserve compensation. You can suffer both economic and non-economic losses. Economic damages include medical expenses, while non-economic injuries include psychological damages like pain and suffering. Determining damages in car accidents, especially in California, is a complicated task. That’s why you need to seek the services of an experienced personal injury attorney to help you determine damages after a car accident.
If you or your loved one is involved in a car accident in Los Angeles or California, you need to receive the rightful compensation. If you are filing your claim in Los Angeles, do not fail to contact the Los Angeles Personal Injury Attorney. We will ensure you receive your rightful compensation by determining the appropriate damages that you deserve from the defendant. Contact us at any time of the day or night at 424-231-2013.
