What damages are available in a motor vehicle crash claim?
In a California car accident case, various types of damages may be available to compensate the injured party for their losses. The specific damages awarded depend on the circumstances of the case, the severity of the injuries, and other factors. Here are some common types of damages that may be sought in a California car accident:
These damages in a personal injury lawsuit include both economic and non-economic compensatory damages. Economic damages are generally those that have a set dollar value, like medical bills or vehicle repairs. Non-economic damages can be more difficult to value, and include things like pain and suffering caused by the crash.
Medical Expenses: Damages may include compensation for past, present, and future medical expenses related to the injuries sustained in the accident. This can cover costs such as hospital bills, surgeries, medications, rehabilitation, physical therapy, and other necessary medical treatments.
Lost Wages: If the injured party is unable to work due to their injuries, they may be entitled to compensation for the income lost during their recovery period. This can include both the wages they would have earned during that time and potential future earnings if their earning capacity is affected long-term.
Property Damage: Damages may cover the cost of repairing or replacing the damaged vehicle or other property that was involved in the accident.
Pain and Suffering: Non-economic damages, such as physical pain, emotional distress, and loss of enjoyment of life, may be awarded to compensate for the pain and suffering experienced as a result of the accident and injuries. Calculating pain and suffering damages is subjective and can vary based on the severity of the injuries and their impact on the individual's life.
Loss of Consortium: This type of damages is available to compensate the spouse or domestic partner of an injured person for the loss of companionship, support, and services resulting from the injuries sustained in the accident.
Punitive Damages: In cases where the at-fault party's conduct is found to be particularly egregious, punitive damages may be awarded. Punitive damages are meant to punish the responsible party and deter similar behavior in the future. However, they are typically only awarded in cases involving intentional misconduct, gross negligence, or malice. Punitive damages, or exemplary damages, may be available when the other driver was reckless or intentionally tried to injure someone. Typically DUI drivers can face punitive damages if they injure someone.
It's important to note that each case is unique, and the damages awarded can vary based on the specific circumstances and evidence presented. Consulting with an experienced personal injury attorney is crucial to understand the specific damages that may be applicable in your situation and to ensure that you pursue the full compensation you are entitled to.
Additionally, insurance coverage and policy limits can impact the amount of compensation available. The at-fault party's insurance coverage and your own insurance coverage, such as uninsured/under-insured motorist coverage, can play a role in seeking compensation for your damages.