How Much can you Sue the Liable Party for in a Car Accident in Los Angeles?

Car accidents happen every day in California. The accident victims suffer losses, including severe injuries and property damages. The law in the state does not provide a specific limit about how much the victims can recover. The victims have the right to sue the at-fault party for the injuries and damages they suffer. The compensation can vary, starting from a few dollars to $1,000,000. To determine the case's value, the court considers various factors, including the nature of the suffered injuries, the driver's negligence, and the insurance policies.

The above factors can decrease or increase your case verdict or settlement. When you or your beloved family member suffer a car accident, you want to seek legal help from a well-skilled attorney. The attorney will help you sue the at-fault party and obtain the compensation you deserve.

Economic Damages

The victim of the accident can receive economic damage awards. What are economic damages? The awards involve damages with monetary value. The award involves the money the defendant must repay to restore your financial state. When the liable driver caused the accident due to their negligence behaviors, they must compensate the suffered financial losses. The losses are also referred to as tangible or specific losses. A severe car accident in the state may result in financial or economic losses. The following are the various common types of economic losses in California:

How to Prove Economic Damages

Your injury attorney must prove the injuries you claim before the insurance company pays you the economic damages. The task of proving the injuries depend on the preponderance of the evidence. The following factors may help you prove your economic damages:

• Witness statement
• Medical bills
• Pay stubs
• Videos and photographs
• Your employer's letter
• Invoices

How Does the Court Calculate Economic Damages?

The court uses different ways to calculate economic and non-economic damages. For the court to determine the economic damages, the jury or the judge will use the evidence provided by your injury attorney and add them to the monetary expenses you suffered because of the at-fault party's actions.

The judge or the jury will come up with a certain number based on your receipts and bills. When you have a permanent injury or extensive injuries, your attorney may estimate the future economic damages. The final award you will obtain in economic damages will differ from one case to another.

Lost Earning Capacity

The court can award lost earning capacity awards in cases where the victim's injury is not healed during the case trial. The case might occur in permanent or severe injuries like traumatic brain injuries. The statute for limitation for compensating lost earning capacity damages is 24 months. However, the period might change in some instances. When you fail to sue the liable party within the statute of limitation, you will lose your right to receive compensation.

If the victim suffers severe injuries, they might not be able to resume their daily duties. That’s why lost earning damages will allow you to recover your losses. The value for lost earning capacity would also vary depending on various factors, including:

• The victim's age.
• The possible length of period the injury will take.
• Whether the victim will resume their duties.
• Whether the alleged victim was working before facing the accident.
• The terms of the victim's employment contract.
• Whether the victim's earnings were performance-based or fixed.

Medical Bills

When a driver causes car accidents because of their negligence, they will become responsible for compensating the victim’s medical bills. It is rare for the involved driver to admit paying the bills on the spot. Many people in California have numerous options to have their medical bills cleared as they wait for the case trial. The options may include Medi-Cal or Medicare. Medical bills include the following:

• Doctor visits
• Ambulatory services
• Emergency response costs
• Physical therapy
• Lab work
• X-rays
• Prescription and medication
• Travel costs

Lost Wages

In California, lost wages consist of all the amounts the victim could have earned, not for the accident. The lost wages may include:

• Overtime pay
• Commissions
• Regular pay
• Self-employment income
• Bonuses

The statute of limitation to file for the lost wages damages in California is usually 24 months. Before you receive compensation for the lost wages, the court requires you to prove all the lost wages you are claiming. The calculation for the damages is straightforward when the victim suffered less severe injuries. But, when the alleged victim was on a performance basis, the case will require the services of an occupational expert or forensic accounting.

Property Damage

Property damages refer to the destruction of a personal estate due to another person's negligence. When you suffer a loss due to a car accident, you are entitled to recover damages for loss of use of the car during the repair. If you suffer property damage after a car accident, it is essential to know the steps to follow to receive reimbursement for the losses you suffer. Property damage claims are easy to resolve.

Immediately after a car accident, you want to take photos of the damage to your vehicle and write down everything you can recall; you wish to file a claim if the accident resulted in property damage. If your car was damaged in the accident, you could receive compensation for its diminished value. A damaged car will cost less than its original value, which was diminished by the effect of the accident. After property damage, the amount of compensation you receive includes loss of use, repair costs, sentiment value, damaged object, and replacement value.

Non-Economic Damages

In California, non-economic damages include damages that do not have a monetary value. The following are the non-economic damages you can sue the liable party after a car accident in the state:

• Emotional distress.
• Loss of enjoyment.
• Loss of consortium.

How Money Value is Put on Non-Economic Damages

Fixing monetary value to non-economic damages is a tiresome process. For example, what is the exact amount of money to award a victim experiencing emotional pain they feel after a burn resulting from a car accident? What dollar value can the court place on the agony of family members who witnessed their beloved one die from a car accident?

Reasonable victims come up with a number of these non-economic damages. Emotional sensitivities, beliefs, subjective values, and a sense of justice are the driving factors. At times, non-economic damages can exceed the monetary value of economic damages. The juries and judges find it challenging to calculate a rational and fair non-economic damages award, and the value varies from one case to another. Therefore, consider working with a skilled car accident attorney with experience handling car accident cases.

How the Court Calculates Pain and Suffering

The law does not have a fixed standard to determine money value for suffering and pain experienced after a car accident. The accident victims usually prove the mental pain or injuries they sustained after the accident. The jury or the judge may use their judgment to determine the money value for your pain and suffering. You must use objective evidence to prove the pain and suffering. The following are the examples of evidence you might use to support your claim:

• X-rays
• Medical bills/medical records indicating the extent of treatment you obtained.
• Texts, emails, and social media posts.
• Comprehensive “therapists and doctors” notes.
• Photos of physical injuries and property damages to show evidence about the severity of the injuries.
• Lost work period evidence.
• Testimony of coworkers, family members, and friends.

Emotional Distress

The court may include your emotional distress to pain and suffering damages at times. Emotional distress involves the mental impairment you suffer due to a car accident. The following are examples of emotional distress:

• Depression
• Anxiety
• Fear
• Lack of sleep
• Humiliation
• Crying

So, when you suffer emotional distress from a car accident, the court allows you to receive compensation for the distress under pain and suffering damages. Also, you are required to seek a mental health counseling program to help heal your situation.

Multiplier Method in Pain and Suffering

The multiplier method is used by parties, including plaintiffs, attorneys, insurance adjusters, and insurance to help calculate a value for the pain and suffering you suffer after the car accident. First, you will collect all the economic damages in your case; you will then multiply the figure with a specific number, 1 to 5.

The multiplier used in your case will depend on the nature of the injuries sustained by the victims. When the victim suffers mild injuries, the court will use a low multiplier to determine the value. Alternatively, a higher multiplier will be applied in cases where the victim suffers severe injuries. The court will consider a higher multiplier when your case involves:

• Extensive medical care.
• Lost wages as a result of disability.
• Reduced life quality.
• Severe injuries like broken bones.

Loss of Consortium

Loss of consortium involves loss of companionship, care, comfort, love, protection, society, affection, moral support, and assistance. If you have lost your spouse in a car accident in California, the law allows you to receive compensation for lost consortium under non-economic damages. The law does not provide a standard method for calculating lost consortium in the state. But, the more extensive and severe the injuries, the higher the compensation amounts you receive.

Wrongful Deaths

The deceased's family members can file a lawsuit against the liable party seeking compensation. The members can file a case based on gross negligence, intentional wrongful acts, recklessness or negligence. The court awards the damages to compensate for the value of support the deceased could have provided to the family members was it not for the death. The court will include the following damages on the compensation list:

• Burial and funeral expenses.
• The loss of gifts the members could receive from the deceased.
• The household services the deceased could have provided.
• Monetary support the deceased could have provided to the members of the family.

Punitive Damages

You can recover punitive damages when your injuries result from the defendant's oppression, fraud, or malice. The purpose of punitive damages is to punish the wrongdoer and discourage the wrongdoer from similar dangerous conduct in the future. In a personal injury case, the focus is on the Injuries you suffered. The injuries are used to determine your compensation in compensatory damages. You will be awarded these damages to compensate for the losses you incurred from the Injuries.

Proving fraud, oppression and malice may not be easy, especially in a negligence case. Alternatively, if the claim involves failure to warn, design or inspection, punitive damages liability will be easy to attach. Before you receive the compensation, you want to prove the property damaged defendant acted with malice, fraud, and oppression. To prove the defendant acted with malice, you will prove they acted with the intent to result in an injury or with a willful disregard for other people's rights and safety.

• How the Court Determines Punitive Damages

There is no fixed method of determining the correct amount the victim should receive. Under California laws, the legal limit is nine times the amount of compensatory damages. There are factors that a judge takes into consideration before determining the amount of punitive damages. The factors include:

• Defendants' Level of Income

A defendant with more income is likely to receive a punishment to a greater degree. This happens because punitive damages are meant mainly to serve as a deterrent to behavior. Therefore the sentence given to the defendant should have an effect. The award of punishment should be higher in case of a wealthy defendant.

• If the Amount Paid by the Defendant has a Reasonable Relation to the Harm Caused to the Victim

The amount paid should be in proportion to the damages caused to the plaintiff. For example, when the victim suffers minor injuries, a punitive damages amount of nine times the compensatory damage amount would not be reasonable for the minor injuries the victim sustained.

Tips for Recovering Damages and Injuries After a Car Accident

Car accidents happen every day on California highways and streets. What you do immediately and sometimes after the accident will impact your efforts to sue the at-fault party. When you or your loved one is involved in a car accident, you want to do the following things immediately:

• Receive Medical Attention

After a car accident, your well-being and health remain the top priority. Do not refuse to receive medical assistance if necessary. Even when you feel “ok'' make an appointment with your medical provider. Sometimes the injuries you suffer might not show any signs immediately. Once you visit your physician, do not exaggerate or lie about your symptoms. Gather records of your medical care. Preserve the documents since they will work as a backbone when seeking compensation in the future.

• Collect Evidence

Immediately after the accident, while the accident scene is still fresh, try to gather information related to the car accident. For example, take as many pictures of the accident scene as possible. Also, make notes on the following:

• The names of the witnesses.
• The model and type of the involved vehicle.
• The injuries suffered by the involved parties.
• Contact information of the involved driver.
• The weather condition during the time of the accident.

• Speak to a Skilled Car Accident Attorney

Immediately after the accident, you should call a well-skilled auto accident attorney. The attorney will be essential in helping you negotiate with the insurance company and help you sue against the at-fault driver. Many auto accident attorneys in California offer a free consultation, so calling them will not be challenging.

• Contact Your Insurance Company

In California, the law requires you to contact your insurance company even when you are not liable for the accident. Contacting your insurance company after an accident is a demand in your insurance policy. So, ensure you contact the insurance provider and inform them of the accident. The insurance company may offer medical bill help based on your coverage if necessary. Take advantage of help if necessary.

• Contact the Insurance Company of the Liable Driver

Remember to contact the insurer of the responsible driver after the accident. When you do so, the company will assign an adjuster to begin investigating the cause of the accident. When you find it challenging to work with the assigned adjuster, contact a car accident attorney for legal help. Note that you must provide the adjuster with the evidence gathered about the accident. Keep the necessary proof as it will help you in the future when seeking compensation for the suffered injuries and damages.

Contact a Los Angeles Car Accident Attorney Near Me

Being involved in a car accident in California can be a terrifying experience. But, delaying seeking legal help can worsen your situation. Whether you suffer severe injuries, property damages, or lose your family member, seek legal assistance as soon as possible. Waiting for too long can affect the chances of obtaining the compensation you deserve.

At The LA Personal Injury Law Firm, we are here to help you. Our attorneys will help you sue a lawsuit against the at-fault driver for sustained property damage even when you did not suffer injuries. Contact us at 310-935-0089, and schedule a free consultation with our car accident attorneys.