Being involved in a car accident can leave you not only with physical injuries but also emotional distress and financial burdens. If you are in such a situation, it is crucial to understand that you have rights as a victim.

Pursuing compensation through legal action might be the path toward securing the financial support you deserve during this challenging time. This article is tailored to provide you with a comprehensive understanding of the compensation you might receive by suing someone for a car accident.

What Kind of Damages Will You Get?

When you are involved in a car accident, the impact can go far beyond the physical injuries sustained. From medical bills to emotional distress, property damage to lost wages, the financial and emotional toll can be overwhelming.

As a car accident victim, you have the right to seek compensation for the various ways the accident has affected your life. Basically, you will be entitled to the following types of damages:

  • Economic damages.
  • Non-economic damages.
  • Punitive damages.

Here is a brief discussion of each of these types of damages:

Economic Damages

Economic damages are also referred to as special damages. These damages cover losses that can be easily quantified monetarily.

Economic damages offer a lifeline to help you cover the practical expenses that have arisen as a result of the incident. These damages cover the following:

  • Medical expenses — The aftermath of a car accident often comes with hefty medical bills. Economic damages encompass various medical costs, including immediate emergency care and ambulance services, stays in the hospital, surgical procedures, essential medications, medical supplies, assistive devices, follow-up appointments, doctor consultations, and ongoing care like physical therapy and rehabilitation.
  • Property damage — If your vehicle suffered damage in the accident, economic damages cover the expenses for repairs or, in severe cases, even replacement. It is worth noting that these damages extend beyond just the vehicle and can also include compensation for personal items damaged inside the car during the accident.
  • Lost wages and earning capacity — Car accidents can result in time away from work as you recover from your injuries. Economic damages step in to make up for the income you have lost due to your inability to work during your recovery period. If your injuries are serious enough to impact your future earning potential, economic damages may also consider compensation for the reduced earning capacity.
  • Other financial losses — Economic damages also account for various other financial hardships that can stem from a car accident, such as transportation costs for attending medical appointments and therapy sessions, expenses related to modifying your home to accommodate injuries or disabilities, costs incurred from hiring help around the house while you recover, and the financial outlay of modifying vehicles to accommodate disabilities, if necessary.

Non-economic Damages

Non-economic damages are also referred to as general damages. Unlike economic damages, these damages cannot be easily quantified monetarily.

A car accident's repercussions often extend beyond physical injuries and financial losses. The emotional distress, pain, and life disruptions can be equally challenging to overcome.

This is where non-economic damages come into play – they acknowledge and provide compensation for the intangible, emotional toll the accident has taken on your life. Below, we discuss the various categories of non-economic damages you may receive:

  • Pain and suffering — Physical injuries can lead to significant pain and suffering, both in the immediate aftermath and during recovery. Non-economic damages aim to provide compensation for the distress you have experienced, including physical pain caused by injuries, emotional suffering, and mental anguish. Unlike economic damages with a clear monetary value, assessing pain and suffering involves more subjective measures. Attorneys and insurance adjusters often use various methods to estimate these damages, taking into account the severity of injuries, the duration of recovery, and the long-term impact on your life.
  • Loss of consortium — A car accident's effects can ripple through your personal relationships. Non-economic damages acknowledge the strain the accident may have placed on your relationships with loved ones. Non-economic damages can compensate you for the loss of companionship and intimacy with a spouse or partner and the challenges you faced in maintaining emotional connections due to injuries and their consequences. These damages recognize the intangible value of relationships that may have been impacted by the accident.
  • Loss of enjoyment of life — Serious injuries from a car accident can curtail your ability to partake in activities you once enjoyed. Non-economic damages account for this loss, offering compensation for inability to engage in hobbies, sports, and recreational activities and reduced quality of life due to physical limitations or emotional distress. Just as with pain and suffering, assessing loss of enjoyment of life involves subjective evaluation. Legal professionals consider various factors to estimate these damages, including the significance of the activities lost and the degree of impact on your overall well-being.

Punitive Damages

While economic and non-economic damages focus on compensating victims for their losses, there are instances when the actions of the at-fault party are so egregious that additional measures are required. This is where punitive damages come into play.

Unlike other forms of damages, punitive damages are not intended to address the victim's losses directly. Instead, they serve as a means to punish the responsible party for their misconduct and deter similar behavior in the future. By imposing financial penalties on the wrongdoer, the legal system aims to discourage similar actions in the future.

In California, punitive damages are not granted in every case. There must be clear evidence of extreme negligence, intentional misconduct, or a willful disregard for the safety of others. Some criteria that might lead to the consideration of punitive damages include the following:

  • Drunk driving or driving under the influence of drugs.
  • Reckless behavior, such as excessive speeding or aggressive driving.
  • Cases where the at-fault party knew of a serious defect in their vehicle but failed to address it.
  • Cases involving deliberate harm or malicious intent.

While punitive damages can be vital in ensuring accountability, they are subject to legal limitations. California has a cap on the amount of punitive damages that can be awarded. Generally, the limit is four times the amount of compensatory damages awarded or $10 million, whichever amount is greater.

While punitive damages are awarded less frequently than economic and non-economic damages, they can play a pivotal role in holding negligent parties accountable for their actions. Legal representation ensures that your case is thoroughly evaluated to determine if punitive damages are applicable and, if so, to guide you through the process of seeking them.

Damages in a Wrongful Death Lawsuit

You can institute a wrongful death lawsuit to recover compensation if you lose your loved one after a car accident. Below, we discuss the categories of damages that you may be eligible to recover:

Economic Damages

Within a wrongful death lawsuit, economic damages encompass the tangible financial consequences experienced by those left behind. These quantifiable losses aim to address the practical implications of the individual's death.

In a wrongful death lawsuit, economic damages can cover the following:

  • Medical expenses — Compensation extends to medical bills incurred before the death, including hospital stays, treatments, and medications.
  • Funeral and burial costs — Financial burdens related to funeral arrangements, burial, and associated services can be factored into economic damages.
  • Loss of financial support — The departed's contribution to the family's livelihood can be assessed and granted.
  • Loss of future earnings — If the deceased was a breadwinner, compensation may include the future earnings that the family would have relied upon.

Non-Economic Damages

Non-economic damages delve into the intangible emotional impact of the loss. Though not easily quantified, these damages acknowledge the emotional suffering the surviving family members bear.

In a wrongful death lawsuit, non-economic damages can cover the following:

  • Loss of companionship and consortium — Compensation extends to the emotional companionship, support, and intimacy the deceased offered to their loved ones.
  • Pain and suffering — Non-economic damages encompass the emotional anguish, mental distress, and profound grief enveloping the family following the loss.

Punitive Damages

In exceptional cases, punitive damages may be appropriate if the responsible party's conduct displayed extreme negligence or a callous disregard for safety. Punitive damages serve as both a punitive measure and a deterrent against future negligence.

Remember that in California, there is a limit on punitive damages. This limit is four times the amount of compensatory damages awarded or $10 million, whichever amount is greater.

Survival Action Damages

Beyond the mentioned damages, a survival action lawsuit can be pursued alongside a wrongful death claim. This avenue seeks compensation for the pain, suffering, and financial hardships the deceased endured between the injury and their passing.

Your attorney can help you file a survival action lawsuit. This way, you will receive compensation on behalf of your loved one for the hardships they incurred before their death due to the accident.

Importance of Documenting All Damages

In the aftermath of a car accident, meticulous documentation is a powerful tool in securing the compensation you deserve. Properly recording and organizing all economic and non-economic damages can make a significant difference in the outcome of your case.

Here is why diligent documentation is vital and how it can impact your pursuit of fair compensation:

  • Establishing credibility — Thorough documentation enhances the credibility of your claim. When you can provide detailed records of the injuries you sustained, medical treatments received, and financial losses incurred, it demonstrates the validity of your case to insurance adjusters, legal professionals, and even in a court of law if necessary.
  • Accurate assessment of damages — Accurate documentation ensures that no damage goes unnoticed or unaccounted for. This means keeping meticulous records of medical bills, prescriptions, therapy sessions, property repair estimates, and other related expenses. This comprehensive approach ensures that your compensation claim encompasses the entirety of your losses.
  • Strengthening negotiations — When negotiating with insurance companies or the responsible party's legal representation, having well-documented evidence places you in a stronger position. Tangible proof of your injuries, expenses, and emotional distress makes it more difficult for the opposing party to dispute the legitimacy of your claim.
  • Demonstrating long-term effects — Some injuries may have lasting effects that extend well beyond the incident's immediate aftermath. Documenting the progression of your injuries and their ongoing impact on your life provides a clear picture of the long-term consequences you face. This is particularly important for injuries requiring extended medical treatment or resulting in a diminished quality of life.
  • Accurate valuation of non-economic damages — Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are subjective in nature. Proper documentation helps quantify these damages by illustrating how they have affected your daily life, relationships, and mental well-being.

What If You Were Partially At-Fault?

In the aftermath of an accident where you bear some responsibility, you might be wondering about your eligibility for compensation. Fortunately, the legal concept of comparative negligence operates here, allowing you to seek compensation even if you share a portion of the blame.

California follows a pure comparative negligence system, meaning you can pursue compensation regardless of your level of fault. This legal framework acknowledges that accidents often involve multiple contributing factors, ensuring that even if you hold some responsibility, you still have a right to seek compensation.

In comparative negligence cases, your compensation is determined by the percentage of fault attributed to each party involved. If you were partially at fault, your compensation would be reduced in proportion to your level of responsibility. For instance, if your total damages amount to $50,000 and you were found 20% at fault, you would receive $40,000 ($50,000 - 20%).

Paying the Settlement or the Verdict by the Car Insurance Company

In many cases, personal injury claims are resolved through settlements. A settlement is an agreement between the injured party (plaintiff) and the at-fault party's insurance company (defendant) to compensate the injured party for their losses.

Settlement negotiations often take place before a lawsuit is filed, and the parties negotiate a mutually acceptable compensation amount. If a settlement is reached, the insurance company will pay the agreed-upon settlement amount to the injured party. The settlement effectively ends the legal dispute, and the injured party agrees not to pursue further legal action related to the incident.

The case may proceed to a trial if a settlement cannot be reached. During the trial, evidence is presented, and a judge or jury decides the outcome.

If the judge or jury finds in favor of the injured party (plaintiff), a verdict is issued, and the defendant is required to pay the determined compensation amount. In this scenario, the at-fault party's insurance company is typically responsible for covering the compensation awarded by the verdict. The amount awarded by the verdict can vary based on the evidence presented and the legal arguments made during the trial.

The at-fault party's insurance coverage often influences the outcome of both settlements and verdicts. Insurance policies are designed to cover the financial liabilities of the policyholder in cases of accidents and injuries. If the at-fault party is insured, their insurance company will generally be responsible for paying the settlement or verdict up to the limits of their policy coverage.

What Will Happen If the Driver is Underinsured

When the driver at fault in a car accident is underinsured, it can complicate the process of seeking full compensation for your injuries and losses. Dealing with an underinsured driver requires a careful approach to ensure you receive the compensation you deserve.

Here is what typically happens in such cases:

  • Assessing the coverage — If you have been injured by an underinsured driver, the first step is to evaluate their insurance coverage. An underinsured driver is someone whose insurance policy limits are insufficient to cover the damages resulting from the accident fully.
  • Your insurance policy — If the at-fault driver's insurance coverage is insufficient to cover your damages, you may need to turn to your own insurance policy for compensation. This is where uninsured/underinsured motorist (UM/UIM) coverage comes into play. UM/UIM coverage is designed to protect you when the at-fault driver's insurance is inadequate or nonexistent.
  • Filing an underinsured motorist claim — To seek compensation from your insurance company under UM/UIM coverage, you must file an underinsured motorist claim. This involves notifying your insurance provider of the accident and providing evidence of the underinsured driver's liability and the extent of your damages. Your insurance company will then assess the claim and negotiate a settlement.
  • Negotiating a fair settlement — Negotiating with your own insurance company for an underinsured motorist claim can be complex. Insurance companies may attempt to minimize the amount they have to pay out. It is essential to have proper documentation of your injuries, medical expenses, property damage, and other losses to ensure you receive a fair settlement.
  • Exploring additional avenues — In some cases, there may be additional avenues for compensation, such as pursuing a claim against the at-fault driver personally if their assets allow for it. However, this can be more complex and may require legal expertise to navigate.

Find a Los Angeles Personal Injury Lawyer Near Me

At Los Angeles Personal Injury Attorney, we understand the challenges you face after a car accident. Our dedicated team of personal injury attorneys is committed to guiding you through the process, ensuring your voice is heard, and pursuing the maximum compensation possible under the law.

If you have been involved in a car accident and are seeking fair compensation for your losses, do not hesitate to reach out to us. Call us today at 424-231-2013 for a free consultation.