What Are You Entitled to in a Car Accident in California?

If you were involved in a motor vehicle collision in California that resulted in injuries or damage to property, you may be entitled to compensation. However, the amount of compensation you're entitled to can depend on many factors, such as your level of fault, the extent of your injuries, and how much time you missed at work.

What Types of Economic and Non-Economic Damages Am I Entitled to?

An auto accident can cause minor to severe injuries, property damage, and other losses. The economic and non-economic damages you are entitled to can depend on several factors, including:

• Your level of fault
• The severity of your injuries
• Your prognosis
• How much time you missed at work
• Whether you will be able to return to work at all
• Whether you were forced to change careers due to your injuries
• Your age
• Your career
• Whether future medical treatment is needed

And other variables.

An attorney can investigate your accident to identify all liable parties, prove liability, and work with experts to accurately value your claim.

In many cases, an auto accident victim in California can pursue the following types of damages:

Medical Expenses

Damages for medical expenses usually include the necessary costs associated with the medical treatment you receive as a result of injuries sustained in an auto accident. These damages will compensate you for the financial burden of medical bills that were incurred due to the collision.

Damages for medical expenses can include:

• Emergency medical services
• Hospitalization
• Surgeries
• Diagnostic tests
• Medical procedures
• Physician and specialist fees
• Medications
• Physical therapy and rehabilitation
• Medical equipment and assistive devices
• Home health care
• Travel expenses for medical care
• Future medical expenses

Lost Wages

If you are unable to return to work due to the injuries you sustained in the car crash, you have the right to seek compensation for lost wages. These damages can encompass both past and future income that you would have earned. If you sustain a catastrophic injury or permanent disability that prevents you from returning to work or forces you to change careers, you may be entitled to additional damages, such as loss of earning capacity.

Property Damage

If your vehicle or personal items inside the vehicle were damaged due to the accident, you are entitled to pursue compensation for repairing or replacing your damaged vehicle and personal property.

Non-Economic Damages

After an automobile accident, you can pursue compensation for non-economic damages, such as pain and suffering, emotional distress, loss of quality of life, loss of consortium, and loss of life enjoyment. The amount of compensation recoverable for non-economic damages depends on the severity of injuries and how the accident has impacted your life.

Punitive Damages

While rare, in cases of extreme negligence or intentional misconduct, punitive damages may be awarded as a deterrent and punishment.

Funeral and Burial Expenses

In fatal accidents, surviving family members may be eligible for compensation covering funeral and burial expenses.

How Can Insurance Coverage Impact My Car Accident Settlement?

Insurance coverage can determine how much compensation you're able to recover for your accident-related damage, due to:

Policy Limits

The most direct impact insurance coverage will have on your car accident settlement is due to insurance policy limits. If the at-fault party has insurance coverage, the settlement amount is often capped by the maximum limits of that policy. If your damages exceed these limits, you may be entitled to file a lawsuit against the negligent party to recover the remaining damages.

Liability Coverage

The type and amount of liability coverage the other driver carries will affect the available funds for a car accident settlement. Higher liability coverage can mean there's more compensation available.

Uninsured and Underinsured Motorist Coverage

If you have uninsured/underinsured motorist coverage, this coverage can come into play if the negligent driver has no insurance or your damages exceed their insurance coverage.

How Can Comparative Negligence Affect Your Auto Accident Settlement?

California's comparative negligence system considers your degree of fault. If you were 99% at fault for the automobile accident, you can still pursue compensation for damages after an auto accident. However, the compensation you recover will be reduced based on your percentage of fault.

Can Hiring a Lawyer Increase My Chances of Recovering Compensation for My Accident?

While some accident claims can be handled without the help of a car accident attorney, hiring one can significantly increase your chances of recovering the settlement or award you deserve. If you suffered severe injuries, property damage, multiple parties were involved, or liability is unclear, the help of an experienced car accident lawyer can be invaluable. A car accident lawyer will have the skills and resources needed to investigate complex auto accident claims, assess your damages, and negotiate with the insurance company to fight for maximum compensation.

An attorney will often consult with experts, such as:

• Accident reconstructionists
• Forensic accountants
• Private investigators
• Life care planners
• Economists
• Medical professionals

To identify all liable parties and accurately assess damages. Next, they'll send a demand letter to the insurance company, outlining your damages.

If the insurance company refuses to offer a fair settlement amount, your attorney can file a lawsuit on your behalf and represent you in court. Fortunately, once a lawsuit has been filed, an insurance company is far more likely to make a reasonable settlement offer.

Contact Us Today

If you or a loved one has been injured in an accident caused by negligence, contact MVP Accident Attorneys today to schedule a free consultation. Our experienced car accident lawyers are ready to listen to your story, assess your case, and provide expert legal guidance tailored to your unique situation. We understand the challenges you face after an accident, and we are committed to fighting for the compensation you need to recover and move forward with your life. Contact us today to learn more about how we can help you seek justice and the compensation you deserve.