How Car Accident Compensation Works in California
California is considered a “comparative fault” state, which means if you were in any way partially responsible for the accident, the damages you can receive may be reduced by the percentage of your own fault. Even if the car accident was not your fault, you could still be found partially liable.
There is good news, though, personal injury damages in California available in car accident are not capped as long as the injured party had valid car insurance at the time of the collision.
In order to maximize your car accident compensation in California, you and your legal team must prove the full extent of your economic and non-economic damages. When a person is injured in a car accident and is able to prove another party was the at-fault driver, they can pursue economic and non-economic damages through an injury claim. Economic damages are financial costs associated with the car accident, including medical expenses and physical damage to your vehicle. Non-economic damages can be awarded for losses that may not have a specific dollar amount but still affect car accident victims, including emotional distress, decreased quality of life, loss of companionship, and pain and suffering.
Pain and suffering are often the most important part of analyzing what your case may be worth, and this can include the physical pain and discomfort suffered as well as any mental distress. Post-traumatic stress is incredibly common after being in a serious accident. You may be scared to return to the scene of the accident, taking measures to avoid where the accident occurred, or are even afraid to leave the house. Calculating your pain and suffering, including any mental anguish you are experiencing, is critical to calculating how much your injury case may be worth.
The amount of damages awarded depends on many variables, including:
- How serious your car accident injuries are as documented in your medical records
- Whether your injuries are temporary or permanent
- The total amount of current and future medical expenses related to the accident
- The specific treatments used for your recovery
- How well the doctors think you will recover
- If the car accident resulted in disfigurement or scarring
- If the car accident resulted in catastrophic injury
- Your pain and suffering
- Lost income and wages
- If your injuries have affected your daily life, including work, home life, hobbies, and sports
- If you are unable to provide financially for your family due to your injuries
- If you were partially at fault for the accident
- The other party’s argument as to the cause of the accident
Car Accident Compensation Examples
Our personal injury law firm has worked with many clients to obtain car accident settlements and jury awards for our clients. Our experienced attorneys will walk you through the entire claim process. We work to ensure all of your financial needs are taken care of following an auto accident. Every claim is unique and individual results will vary. The following are some examples of our case results:
- $525,000 for a client hit by a tractor truck driver that ran a red light
- $350,000 for a car passenger whose driver was driving while distracted and caused a head-on collision
- $385,000 for a client who was hit by a speeding red light runner
- $250,000 for the victims of a head-on collision
- $100,000 for the victim of a highway car accident
This takes time, resources, but skilled car accident attorneys that can gather compelling documentation and expert testimony to prove your claim. We know just how awful a traumatic experience like a car accident can be for you and your family. You can trust Curtis Legal Group to handle all the legal aspects of your case so you can focus on healing. Many roadway accidents are caused by reckless drivers and our legal team will make sure to hold the responsible parties accountable. Contact the experienced car accident lawyers at Curtis Legal Group if you or a loved one were injured in a car accident and want to discuss the next steps. Under the law, there is limited time to make a claim, so contact us today!