After a car accident, you can face injuries that prevent you from working and leave you without income to cover mounting medical expenses and the costs of daily living. Many people in this situation want to know about the recoverable damages after a San Jose car accident. If you were not responsible for the accident that caused your injuries, you should not be required to pay for the expenses associated with it.
The dedicated auto accident attorneys at Valero Law Group could help you understand the state’s complex insurance laws and what damages you are entitled to recover. To schedule your free consultation, call our team today.
What are Considered Recoverable Damages?
In legal terms, “damages” are the funds paid to victims after an accident to compensate them for their injuries and property damage. The purpose of damages is to “make the victim whole,” or at least restore them monetarily to where they were before the collision.
San Jose car crash victims are entitled to recover three kinds of damages in a personal injury case.
Economic Damages
A court can easily calculate economic damages based on receipts or invoices. These damages include:
- Medical bills
- Lost wages
- Rehabilitation costs
- Prescription medications
Future medical care, lost income, or other long-term needs related to the accident are also considered economic damages.
Non-Economic Damages
These damages are less quantifiable but have a significant impact on a victim’s life after a crash, including:
- Pain and suffering
- Emotional trauma
- Loss of consortium or companionship
- Loss of enjoyment of life
California uses a multiplier method based on the severity of injuries and the impact on the victim’s life to determine the non-economic damages.
Punitive Damages
The state allows punitive damages if the defendant can show that the other driver acted maliciously or “oppressively,” that is, with an intent to cause serious physical harm. Unlike some states, California has no cap on punitive damages. However, plaintiffs must request punitive damages when they file a personal injury claim.
When a victim brings their case to Valero Law Group, our experienced attorneys can ensure that the claim includes all the damages they are entitled to receive. Anyone who has suffered a serious injury in an auto accident should contact the firm for a free consultation.
How to Calculate Damages?
In some car accidents, both drivers are partially responsible. Insurance companies refer to this as “shared fault.” Victims may believe this prevents them from recovering anything on their insurance claim. However, state law allows San Jose accident victims to recover damages even if they share fault.
California insurance law uses a pure compensatory negligence rule. When accident victims file an insurance claim, they can recover damages even if they are partially responsible for their accident. The percentage of fault limits the amount of recovery. For instance, if they were 20% responsible and the total award was $100,000, they could still recover $80,000 in damages.
Insurance agents will not provide an accident victim with this critical information when they call with a settlement offer. Victims need the support of a skilled personal injury lawyer familiar with state law to ensure they receive the maximum compensation allowed in their accident settlement.
Contact a San Jose Attorney To Discuss Recoverable Damages After a Collision
The freeways around San Jose are notorious for high-speed collisions and injuries, and drivers face a significant risk of being caught in an accident. If you have been the victim of a crash, contact an experienced attorney for advice on recoverable damages after a San Jose car accident. The team at Valero Law Group has an in-depth understanding of the state’s insurance laws and is here to help you get the full recovery you deserve.
After an accident, your first call should be to a doctor to assess and treat your injuries. You should then contact our firm for a free consultation.
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