Even at low speeds, collisions between multi-ton motor vehicles can lead to expensive repair bills and a lot of frustrating interactions with insurance companies. At higher speeds, auto accidents may result in injuries that have devastating and sometimes debilitating consequences—all of which may have been avoidable if just one person acted responsibly.
Recovering fair financial restitution after a serious traffic wreck can be complex under any circumstances, which is why anyone involved in one should make talking to a skilled personal injury attorney a priority. With the help of a Ladera Heights car accident lawyer, you could have a better chance of establishing someone else’s fault for your injuries and obtaining the compensation you deserve for the damages you did not.
Proving Liability for Your Losses
Under California Civil Code §1714, every person is considered responsible for harm they cause other people to sustain, even if they never had any intention of hurting anyone. In the context of car accident litigation, this means that someone who acts irresponsibly behind the wheel, causing a crash that leads to physical injury, could be held financially responsible for every form of harm stemming from that wreck.
Recoverable damages after a car accident will vary from case to case, depending on how severe a plaintiff’s injuries are, how long those injuries will last, and how significantly those injuries will affect their daily life. Through a comprehensive claim, it is possible to recover for both economic and non-economic harm, including but not limited to:
- Emergency medical expenses
- Cost of future rehabilitative care
- Cost of prescription medications and assistive equipment
- Vehicle repair or replacement costs, including rental car fees
- Lost income, including lost future earning capacity
- Physical and psychological pain and suffering
- Loss of enjoyment of life
In rare situations, punitive damages may also be available if the court hearing a case feels that the defendant engaged in egregiously reckless or intentionally malicious conduct. An auto accident attorney in the Ladera Heights area could provide further guidance about what damages you could factor into your claim.
Laws Governing Auto Accident Claims in Ladera Heights
Just like defendants, plaintiffs in car accident claims can be found negligent and therefore partially responsible for causing the wreck they are filing suit over. In this kind of situation, court precedent holds that a plaintiff’s damage award may be reduced proportionately by whatever percentage of total fault they bear for their damages. Fortunately, there is no amount of comparative fault you could hold that would bar you from recovery altogether.
You should also note that, under California Civil Code §3333.4, uninsured drivers who suffer injuries in traffic accidents are not eligible to seek compensation for non-economic damages like pain and suffering, even if someone else was fully responsible for their accident. The only exception to this rule is if the other driver involved was substance-impaired when the wreck occurred and is subsequently convicted of DUI. It is best to work with a local lawyer who understands these car accident laws.
Speak with a Ladera Heights Car Accident Attorney Today
Every auto accident has unique causes and effects, meaning every settlement or lawsuit will require a different approach. Having help from a legal professional who has handled multiple cases like this successfully before can be crucial to preserving your rights and obtaining compensation.
Your path towards civil recovery should always begin with contacting a seasoned attorney. Call a Ladera Heights car accident lawyer to learn more.