Auto Accident Injuries and Compensation
Individuals who have been involved in an automobile accident are allowed to seek monetary compensation for their bodily injuries and damage to property. Very often car accidents are complicated cases that are fact specific with issues of proof and fact in dispute. Having the proper San Diego automobile accident attorney to explain your legal rights and answer any questions you may have will help you sort out your legal options.
Compensation for Your Losses
People who are injured in car accidents are able to recover physical, emotional, and property damages from person who was at fault in the accident. Damages can be collected for injuries such as broken bones, spinal cord injuries, head injuries, whiplash, burns, lacerations, severe bruising. In addition, people may be compensated for their pain and suffering caused by the accident.
Damages may also be recovered to pay for a victim’s medical bills, both immediately occurring after the accident and future reoccurring bills related to the accident. If a person needs extensive rehabilitation services or modifications to their environment such as a ramp leading to their home, those costs may be recovered. Victims may also recover lost wages and future earnings due to the automobile accident.
Some other damages that are more difficult to quantify can also be recovered. These may include pain and suffering, permanent impairment, disfigurement, paraplegia, and quadriplegia. Damages can also be sought for mental disabilities such as depression and post traumatic stress disorder caused by the accident.
In addition, previous injuries that were aggravated or worsened as a result of the accidents can be considered when trying to recover monetary damagers.
If you have been injured in a car accident and plan on seeking monetary damages it is a good idea to keep a daily log, documenting how your injuries affect your ability to lead a normal life. Your injuries can affect you both mentally and physically and a record of your daily struggle will be of great important when documenting the effects of the accident.
Spouse’s Damages: Loss of Consortium
California is a state that recognizes the claim of loss of consortium. This occurs only for married couples, when one spouse is left unable to provide the companionship, comfort, sexual relations, and affection recognized by marriage. The other spouse may be able to claim a loss of consortium, which can be temporary or permanent, and thus recover monetary damages from the person at fault in the automobile accident.
Auto Insurance
In most automobile accident cases, victims who recover damages in court of via a settlement are paid by the other driver’s insurance company. If a driver is uninsured or underinsured, the injured victim will need to pursue other mean of recovering monetary damages. For instance, the victim may themselves have uninsured motorist coverage to help with compensation. Other insurance options may also be available through the victim’s employer or spouse. The amount of coverage and availability of such coverage varies based on individual policy.
Amount of Financial Recovery
Because the amount of financial recovery is contingent on a number of factors it is important to consult an experienced San Diego automobile accident lawyer about your case. An experienced attorney can assess the level damages to which an auto accident victim may be entitled. State law, the type of injury, specific facts, actions of the victim, type and length of medical treatment, insurance coverage, effect of the accident on the victim’s income, and permanence of the injuries are all factors that go into the amount of damages a victim may recover. A car accident lawyer will be able to explain all your rights and answer any questions you have about monetary compensation.
Contact an Attorney
Motor vehicle accident can have dire consequences for the victim and their family. Contact a San Diego automobile accident lawyer for your free consultation today. The Law Office of Howard Alan Kitay serves all of San Diego County and there are no fees until you collect your settlement.
- Overview
- Frequently asked questions
- What to do if you are in an accident
- Injuries and Compensation
- Insurance Do's and Dont's
- Uninsured/Underinsured Motorists
