Types of Damages Recoverable in a Personal Injury Claim
In personal injury cases, the court can award economic and non-economic damages to the victim. But they could also award punitive damages for the most severe cases. Here's everything you must know about these damages.
Economic damages refer to the direct monetary losses incurred due to an accident. This includes medical bills, loss of wages, loss of opportunities, and property damage costs. In most cases, this is the most significant contributor to personal injury claims.
For example, if your loved one died in an accident, you can also recover funeral expenses and other wrongful death damages related to their death.
Non-economic damages are damages incurred due to pain and suffering, emotional distress, loss of companionship, or loss of quality of life. Generally, these damages cannot be quantified in monetary terms but should be compensated adequately.
Some states cap the amount of non-economic damages you can recover, and California is one of those states. In California, non-economic damages are capped at $250,000.
Punitive damages are meant to discipline the wrongdoer for their actions and serve as an example to others. In California, one can recover punitive damages if it is proved if the liable party acted with malice.
Our Sacramento personal injury attorney understands the ins and outs of personal injury cases and will ensure you get a fair price for your damages.
With our legal team on your side, you can be sure that you are getting personalized attention and maximum compensation for your injuries.
How Liability Works in California
Determining liability in California involves multiple steps, but it all boils down to proving the elements of personal injury cases. These elements are:
- Duty of care was breached: The defendant must have violated their duty of care to you. This can include failing to set up "caution" signs, not clearing premises, or failing to provide necessary medical treatments.
- Presence of injury: You must also show that you obtained injuries due to the breach of duty. You should closely document your injuries and preserve any medical records related to the accident.
- Proximate cause: The defendant's conduct caused your injuries. Put another way; your injuries would not have occurred if not for the defendant's conduct.
Steps in Personal Injury Cases in Sacramento, CA
If you are the victim of a car accident, you can proceed with the following steps in Sacramento, CA:
- Initial legal consultation: First, you should find a reliable and experienced personal injury attorney in Sacramento. After that, you can schedule an initial legal consultation to discuss the details of your case and the potential outcomes. At the Law Offices of Ryley Hoffman, initial legal consultations are always free.
- Gathering necessary evidence: Once you have secured an attorney, they'll help you collect evidence to build your case. Your lawyer should advise you on the best witnesses and evidence to include in your case.
- Seeking medical check-ups: Part of gathering evidence includes getting a medical check-up. Doing this will provide your legal team with proof of the extent of your injuries and how the liable party caused them.
- Looking for witnesses: You should also look for witnesses willing to testify on your behalf. This could be anyone who witnessed the accident or saw you receive medical attention afterward.
- Building your personal injury case: Once you have all the facts, your lawyer will help you make a solid case. This could include drafting the demand letter, filing paperwork, and negotiating the settlement with the defendant's lawyers.
- Negotiating with the other party: Negotiations between the two parties will begin as soon as both sides have presented their arguments early in the case. Your lawyer should be experienced in dealing with insurers and other lawyers to get you the maximum compensation possible.
- Filing a personal injury lawsuit: Most cases end at the settlement phase. But if the negotiation fails, you may need to proceed to file a personal injury lawsuit with the court.
The Timeline for a Personal Injury Case
The state establishes various timelines or statutes of limitations for when you can take legal action. This ensures that the victim can pursue legal damages and that the defendant does not escape legal responsibility.
In California, you have two years from your personal injury accident to file a personal injury claim or lawsuit. After this period ends, you're legally not allowed to pursue legal actions against the defendant, and they can't be held liable for any damages.
It is essential to consult with an experienced Sacramento personal injury attorney right after an accident because of this timeline. Our attorneys understand the legal process and can ensure that all paperwork is filed before the statute of limitations ends.
Call the Law Offices of Ryley Hoffman today: 916-202-9760. Our experienced Personal Injury Law Firm is available for a Free Consultation.
