Category Archives: Personal Injury

What Are the Psychological Effects of Being in a Car Accident?

Friday, May 8, 2020

The aftermath of a car accident can be physically painful — but many of us tend to overlook the psychological impacts these collisions can have. From the development of mental health conditions such as post-traumatic stress disorder to long-lasting impacts on our daily activities, the mental toll of a car accident can be overwhelming. However, you do have legal options available to recover from this psychological damage.

Post-Traumatic Stress Disorder After a Car Accident

Post-traumatic stress disorder (PTSD) is a mental health condition that involves overwhelming feelings of fear, uneasiness, or anxiety following a traumatic event. These emotions are common after a car crash, but if they linger or become stronger, they can impact your daily activities and make it difficult to enjoy activities you once loved.

Symptoms of PTSD after a collision often include the following:

  • Uncontrollable flashbacks or memories about the car accident
  • A constant feeling of uneasiness
  • Overwhelming feelings of rage or worry
  • Anxiety around driving or riding in a motor vehicle
  • Difficulty sleeping
  • Nightmares
  • A feeling of disconnection in regard to events or people

Who Is at Risk for Developing PTSD?

According to a study from the National Institute of Mental Health, approximately 39.2% of car accident survivors develop PTSD following a collision — a shockingly high number. In addition, psychological experts state motor vehicle accidents are the leading cause of PTSD in the general American population.

You may be at a higher risk of developing PTSD after a car crash if you have a history of prior trauma or mental health conditions. In addition, if you experience high levels of emotion such as fear or helplessness during or immediately after a car accident, your PTSD development risk may also increase. A lack of social support after the accident may also aggravate this condition.

What Treatment Options Are Available for PTSD?

If you believe you developed PTSD after a car accident, it is important to seek mental health treatment as soon as possible. Your doctor or psychiatrist will help you identify your condition and create a symptom management plan, which may include medication, therapy, and other forms of treatment.

Paying for this necessary treatment can be difficult, even with health insurance. However, a personal injury lawsuit or insurance claim can help you pay for damages associated with your car accident, including the cost of mental health care.

Economic damages can cover the cost of medications, therapy appointments, and other psychiatric treatment. Non-economic damages can compensate you for the emotional pain and suffering you endure as a result of the PTSD, along with other psychological impacts such as anxiety, depression, and a loss of quality of life.

Do You Need an Attorney for Your Bakersfield Car Accident Claim?

If you are suffering emotional, physical, and financial damages following a car accident, you need a Bakersfield car accident attorney on your side who can advocate aggressively on your behalf. Hiring a car accident lawyer can benefit your case in a number of ways, including access to a wide network of resources, well-honed negotiation skills, and knowledge of personal injury law.

Contact your car accident attorney today to discuss your case and determine which pathway to compensation is right for you.

Posted by highrank at 9:35 pm

The Importance of Evidence in Trucking Accidents

Wednesday, April 22, 2020

Accidents that involve a car and a truck, such as a big rig (also referred to as a tractor-trailer), often result in more catastrophic injuries and/or death because of the sheer difference in size and weight of both vehicles. If you are involved in a truck accident, it is important to have an expert truck accident attorney on your side because the case can be complicated. Your attorney must be familiar with state and federal transportation laws, motor vehicle carrier rules, and also the trucking company’s safety rules. In addition to this, your attorney must recognize the importance of collecting evidence early on in the case. This evidence can help build value into your case to work towards your advantage, and includes:

Evidence about the driver:

  • The truck driver’s qualifications file and the training file
  • The driver inspection records
  • Post-collision drug and alcohol screening
  • The driver’s log – close examination can determine if the driver has falsified their log. Drivers report inaccurate data for many reasons – including earning more money for driving more miles in a short amount of time, off-the-books incentives (bonuses) from their employer for “good service” by delivering their load early; or trying to make up time for a late start.

Evidence involving the truck:

  •  Maintenance history
  • Inspection history
  • Data from onboard systems relating to the engine, brakes, etc.,
  • Data from onboard GPS tracking and communication systems

Evidence involving the truck’s load and cargo:

  •  Weight tickets
  • Bills of lading
  • Trip envelopes
  • Dispatch instructions
  • Delivery documents

An experienced truck accident attorney will know what evidence to collect – and how to collect it – for your case.

If you are involved in a truck accident, here is additional evidence that your attorney will be looking for:

  • Pictures from the scene of the accident. If you are injured and cannot take photos at the scene of the accident, request that a family member takes detailed photos of your injuries as soon as you are able to communicate with them. Police or media may also have pictures from the scene.
  • Testimony from you and/or other witnesses plus expert witness testimony from professionals about your injuries (doctors, EMTs, etc.,)
  • Medical records from your injuries. These can help predict your long-term prognosis which can affect the value of your claim.

Our Bakersfield truck accident attorneys have handled hundreds of truck accident cases. If you, or someone you love, has been involved in a truck accident, contact us today (661-323-1400) for a no-cost consultation with one of our truck accident attorneys.

Posted by Lorrie Ross at 10:05 pm

Rodriguez & Associates Attorneys on The Great Trials Podcast

Tuesday, April 14, 2020

Daniel Rodriguez, Chantal A. Trujillo and Danay Gonzalez were guests on the Great Trials Podcast on Tuesday, April 14th, 2020. Listeners got a behind the scenes look of the Taft Unified School District v. Cleveland case.

In 2013, Bryan Oliver, opened fire with a shot gun at Taft High School, seriously injuring his classmate, Bowe Cleveland. Cleveland was shot in the chest and has since underwent more than 30 surgeries.

Rodriguez & Associates represented Cleveland and after suing the Taft Unified School District, he was awarded $3.8 million in damage.

Listen to the episode by clicking here or listen below:

Posted by Lorrie Ross at 3:38 pm

Can Social Media Impact My Case?

Tuesday, April 7, 2020

Today’s personal injury cases have several unique considerations that yesterday’s did not. With the advent of social media, it’s easy to share sensitive details of our personal lives in what we believe is a private forum.

However, your social media posts may be accessible to the defendant, members of the defendant’s legal team, and other individuals involved in your claim. What you post online can have a significant impact on your personal injury case — and likely not a positive one.

Social Media and Personal Injury Cases

Although your intentions may not be harmful, social media posts can be very detrimental to a personal injury case. If you are pursuing a personal injury claim, you suffered an injury that you claim that someone else caused, and are seeking compensatory damages to help you recover. These damages can include payment for medical bills, long-term care and disability accommodations, and lost wages during recovery time.

If something you post online raises suspicion about the nature of your injuries, the extent of your treatment plan or medical expenses, or your recovery timeline, you could lose your chance at receiving your settlement. The type of content that could lead to loss of credibility is not always obvious.

For example, say that you suffered a broken leg in a car accident. The at-fault driver caused this car accident by speeding through a red light and striking the side of your car. While you can easily prove that the at-fault driver was responsible for the accident by examining surveillance footage and police reports, proving your need for compensation is a bit more difficult.

You file your claim and ask for $50,000 to cover your damages, which includes ongoing medical treatment for at least four months. During your case, you attend a party while using your crutches. A friend takes a picture with you at the party, and your crutches are outside of the shot.

If you post this picture onto social media, it will raise suspicion about your need for medical treatment and the credibility of your injuries. The insurance company or the defense attorney could use this photo as justification that your treatment costs do not need to be as high as you claim — potentially leading to a reduction in your overall settlement and a loss of the funds you need to recover.

Social Media Tips for Personal Injury Victims

Although you must be careful about what you say online, it can be difficult to quit social media cold turkey and you may still want to be active on your accounts. However, it is important to be smart, be cautious, and think before you post.

  • Set all of your social media accounts to private and limit your posts as much as possible during the extent of your case. Something as simple as sharing a funny picture could be evidence against you. Keep your profiles locked and only post when necessary.

 

  • Do not accept any friend or follower requests from people you do not know in real life. Although many states consider this practice unethical, some attorneys or even insurance representatives may attempt to follow or friend you. It is best not to accept any new requests during your case.

 

  • When you do make a post on social media, do not post anything about your case. Remember, anything you post online could be evidence against you. If you make a contradicting statement, you can lose your chance at collecting the compensation you need.

 

  • In addition to the above tip, do not post about your injuries, doctor’s visits, treatment progress, travel, or anything related to the harm you suffered. These statements could become evidence against you.

Personal injury cases can be complex, especially in today’s digital age. You must take extra caution when sharing details of your case online, or even with family and friends. If you say or share something that could harm your credibility, you can lose your chance at collecting the settlement you need to recover.

For best results and to avoid accidental harm, contact a personal injury attorney as soon as possible. Your Bakersfield personal injury attorney can advise you on the best practices of posting on social media, helping you preserve your credibility and increase your chances of a successful outcome.

Posted by highrank at 5:15 pm

Who is Liable for a Self-Driving Vehicle Accident?

Saturday, March 7, 2020

Vehicle technology has quickly evolved over the past decade. However, with the advent of tech such as self-driving or driverless cars that allow passengers to sit back and relax instead of actively drive, accidents involving these vehicles have occurred across the country. In these situations, it can be difficult to determine who is liable for your injuries if you are in a collision with a self-driving vehicle — is it the passenger, the manufacturer, or the creator? A Bakersfield car accident attorney can help.

California Laws for Self-Driving Cars

Although the technology for these vehicles is becoming increasingly more sophisticated, the United States federal government has not effectively put regulations into place to control the manufacturing and testing of self-driving cars. As a result, many states are beginning to draft their own legislation and rules for these vehicles, including California.

Many self-driving vehicles are still in the testing phase, and the California Department of Motor Vehicles requires that all manufacturers who wish to test or deploy these vehicles must obtain a special permit and comply with its regulations.

According to these regulations, manufacturers will need to notify law enforcement, ensure their vehicles contain proper recording equipment, and submit various plans and reports before they test their vehicles. However, even with these regulations in place, collisions can still occur between driverless cars, pedestrians, and other vehicles on the road.

Determining Liability in Self-Driving Vehicle Accidents

When you are in a car accident with a regular vehicle operated by a human driver, the court or insurance company determines fault by looking at the question of negligence. Which driver failed to uphold his or her standard of care while driving his or her vehicle, leading to the accident?

In driverless car collisions, that human element changes significantly. The vehicle may suffer a malfunction internally due to a manufacturing error, the software may not accurately detect hazards on the road, the manufacturer may fail to comply with state regulations — and the list continues.

If you suffer an accident with a self-driving car, there are typically three separate parties you can hold liable in your insurance claim or lawsuit, depending on the cause of the accident.

  • You can file a claim against the owner of the vehicle, typically a company that is testing the technology on public roads.
  • You can file a claim against the manufacturer of the self-driving vehicle, in situations where a manufacturing defect led to the accident.
  • Finally, you can file a claim against the human operator inside of the vehicle at the time of your accident.

Proving Negligence in Driverless Car Collisions

While the laws surrounding self-driving car accidents are still vague, many attorneys and lawmakers continue to apply the standard of negligence when litigating these claims. As a result, you will need to determine the cause of the accident before you can file a claim against any of the three parties listed above, and you and your Bakersfield personal injury lawyer will need to gather the appropriate evidence to prove your claim.

For example, say a driverless car runs a red light and causes damage to the back of your vehicle. You find out that someone was operating the car remotely and failed to stop. In this situation, the operator of the vehicle may be liable. If the operator was a company employee, you can hold the company accountable too.

If the self-driving car had a remote operator, but suffered a manufacturing defect that caused it to run the red light and the operator was unable to override the issue, you would likely hold the manufacturer liable — which may also be the vehicle owner.

While determining liability in a self-driving vehicle accident can be complex, hiring a personal injury attorney with experience working with car accident cases can help you claim the compensation you need to recover. Your attorney will work closely with you to gather all pieces of evidence available, learn your side of the story, and craft a compelling case in your favor. If you have not contacted a lawyer to represent your claim, call today to schedule your free consultation.

Posted by highrank at 2:42 pm

How to Prove Lost Wages in a Personal Injury Case

Monday, February 17, 2020

If you suffer injuries in an accident that someone else’s negligence or recklessness caused, you can struggle with significant physical, financial, and emotional damages that you were not expecting. Under California state law, you have the right to claim compensation for these damages as long as you can prove that the at-fault party was liable — and you can receive funds for medical expenses, the development of mental health conditions, and lost wages during your recovery time. Proving lost wages can be complex, but a Bakersfield injury attorney can help guide you through this process.

What Are Lost Wages?

After an accident, you may suffer from significant injuries that prevent you from going back to work. You might spend weeks in the hospital or at home recovering from your injuries, and in some cases, the nature of the injuries you suffered could prevent you from returning to work altogether. In these situations, you and your family can experience serious financial hardship as your stream of income runs dry.

In a personal injury lawsuit, you can claim compensation for the wages you lose during recovery and, depending on the nature of your case, you may be able to claim funds for the loss of future earnings. Proving past wages is significantly easier than proving the loss of future wages,  but these funds are necessary for you and your family’s well-being.

How to Prove Lost Past Wages

To claim lost past wages in a personal injury case, you will need to prove that you were unable to work as a result of the injuries you sustained in the accident. You and your attorney will first need to establish that your injuries prevented you from returning to work — this will usually consist of testimony from a medical expert as well as a presentation of your medical records.

After you prove this point, you will need to provide evidence establishing that you were absent from work and lost your pay as a result. You will also need to provide documentation that calculates the amount of wages you would have earned had you been able to remain on the job. Your employer will usually provide this evidence, and may need to give testimony as well.

Proving Future Loss of Earnings

Establishing future loss of earnings in a personal injury case can be difficult, since you will likely recover partially from the injuries as time goes on, allowing you to return to work on a part or even full-time basis. However, returning to work may not occur for years to come — and you will need financial support up until that point.

First, the court will look at your injuries and determine how likely you are to return to your previous work, and if the injuries’ impacts harms your earning potential. You will need to supply medical evidence and testimony to discuss your recovery potential, when you could reasonably return to work, and the extent to which you will not be able to perform your current duties.

After you provide sufficient medical evidence, the court will look at the difference between your wages pre-accident and your earning potential after the accident. The court will also discuss how long you are likely to keep working; most courts will not award future lost earnings past retirement age.

Do You Need a Personal Injury Attorney?

Proving lost wages, especially loss of future wages or earning potential, can be very difficult without legal training and experience. Connecting with the medical experts who can provide testimony on your behalf alone is difficult, and when you factor in the other elements you have to establish to prove liability, filing a lawsuit can be daunting.

Hiring a personal injury attorney to assist you with your case can help relieve these pressures and provide you with the resources and knowledge necessary to prove your case. Your attorney will work closely with you to gather all necessary evidence, connect with medical experts and other expert witnesses, and advocate aggressively for your post-injury needs. If you have not hired an attorney already, contact one as soon as possible.

 

Posted by highrank at 9:33 pm

Can I Still File A Lawsuit After Accepting a Settlement?

Monday, February 10, 2020

The aftermath of a serious injury can be physically, emotionally, and financially difficult. You may suffer from chronic pain, lose significant amounts of wages during your recovery period, and struggle with expensive medical bills for necessary treatments. In these situations, it can be tempting to accept a settlement as soon as possible — but if the settlement is not sufficient enough to help you recover, can you still file a lawsuit?

Settlements versus Lawsuits: What’s the Difference?

Before discussing whether or not you can file a lawsuit after accepting a settlement, it is crucial to understand the difference between these types of agreements.

A settlement is a private agreement to pay you an agreed-upon sum of money following an accident caused by the person that the entity authorizing the settlement represents. Typically, an insurance company offers a settlement after you file an insurance claim, or, in some cases, following negotiations with you and your attorney. Settlements from insurance companies may be quite lower than what you could claim in a lawsuit unless your attorney argues otherwise, but you can usually obtain the money much faster than you could in a lawsuit.

A lawsuit, on the other hand, is an action that you file in civil court against the at-fault party responsible for your injuries. You and your attorney will present your case in front of a judge and jury, establishing the liability of the other person and presenting evidence that details your physical, financial, and emotional losses. The court will decide whether or not the other person was at-fault, and may award you a settlement based on the damages you claim. The lawsuit process can be long and complex, but you have a greater opportunity to claim the maximum compensation you need to recover through this avenue.

You Cannot Accept a Settlement and File a Lawsuit

When you accept a settlement, you usually waive your right to pursue additional legal action against the at-fault party in your case. The insurance company will typically include a release of liability in your settlement paperwork, which prevents you from filing a lawsuit over the same incident.

However, you can back out of a settlement and pursue legal action before you sign the paperwork. Your attorney may evaluate the offer and determine that the funds are insufficient to pay for your injuries. You also have a greater opportunity to present evidence for a higher settlement in the courtroom, which may result in a larger amount of compensation. There are situations where a settlement prior to trial would be more beneficial than a lawsuit — your attorney will advise you on the best course of action for your case.

Should You Accept a Settlement After an Accident?

If you are suffering from the aftermath of a serious accident, an insurance company representative will likely contact you and ask you a series of questions about the incident. He or she may offer you a settlement soon after discussing your injuries, and it may be tempting to sign  this document instead of entering into lengthy trials and negotiations.

However, the funds the company may provide might not be enough to help you recover from your injuries. You may not know the extent of your damages at that point, and signing an early settlement can decrease your chances of obtaining the funds you need.

Accidents and injuries can lead to significant expenses, from medical bills to lost wages to property damage and more. To ensure that you receive the amount of compensation to recover from your accident, contact a personal injury attorney as soon as possible following the incident. Your Bakersfield accident attorney will be able to evaluate any settlement offers you receive, help you determine the damages you are eligible for, and advocate for your needs from the negotiating table to the courtroom.

Posted by highrank at 9:35 pm

Should I File a Police Report After a Minor Car Accident?

Friday, January 10, 2020

Car accidents can range in severity from minor bumps to serious, multi-car collisions. If you are in an accident that does not result in severe vehicle damage or serious injuries, you may wonder if you need to file a police report or seek help for the accident at all. However, California laws require you to file police reports for certain accidents, and you may be suffering from underlying injuries or damages you may not be aware of yet. Working with a Bakersfield car accident lawyer from the start can be beneficial when figuring out your next steps.

California Car Accident Reporting Requirements

You may wonder if you have to report a minor accident to law enforcement or the Department of Motor Vehicles – but in some situations, the law will require you to. California Vehicle Code section 20008 requires that all drivers involved in a car accident – or someone who can represent the driver – must report certain collisions to either the police department where the accident happened or the California Highway Patrol.

If the crash involved any injuries or deaths, you will need to report the accident to law enforcement within 24 hours. If you call a law enforcement officer to the scene of the accident, he or she will prepare an accident report on your behalf and you will not need to file a separate report.

In addition, you will have to report the accident to the California DMV within 10 days if any of the following factors apply.

  • Someone in the crash suffered an injury, including minor injuries.
  • Someone died in the crash.
  • The crash resulted in damage to property worth more than $1,000.

Why Do You Need to File a Police Report?

Car accidents can have many consequences that might not seem apparent at first. You may not feel like you are suffering from any injuries but may have a case of whiplash or internal injuries that do not appear until later. You may not notice any damage to your vehicle, or feel as if the damage is minor enough to pay for without insurance, and incur unexpectedly high repair costs later on.

If you do not file a police report after a minor crash, you may lose your chance at collecting the compensation you need to recover from the accident. Police reports are a crucial piece of evidence in insurance claim investigations and personal injury lawsuits. Failure to file a police report can harm your credibility since it indicates that at the time of the accident, you did not believe it was necessary or serious enough to contact law enforcement.

In addition, insurance companies can use statements that you said or the at-fault driver alleges that you said at the crash against you in your claim. For example, you may state that you do not have any injuries or that the damage is negligible, and the insurance company may use this as evidence to argue for a lesser settlement or even no settlement at all. Contacting law enforcement allows you to issue a formal statement to back your side of the story, and the responding officer may write an opinion about what he or she believes happened during the accident that you can use as a crucial piece of evidence in your claim or lawsuit.

What to Do After a Car Accident

If you are in a car accident, no matter how minor it may seem, it is important to call 911 and have police officers respond to the crash. The officer will then file a report that you can use as evidence in your claim, and you can also collect the necessary information from the at-fault driver to file your claim. You should also seek medical attention for any injuries, and save all records from your hospital visits.

If you are suffering from the aftermath of a car accident, even a minor collision, it is important to take the necessary steps to seek legal assistance. In these situations, a car accident lawyer can assist you with filing an insurance claim or personal injury lawsuit against the person at-fault for the collision. You may be eligible to seek compensation for medical expenses, property damage, lost wages, and more.

 

Posted by highrank at 5:48 pm

How to Prove a Wrongful Death

Thursday, December 5, 2019

Losing a loved one is one of the most difficult experiences we can face. The death of a family member can be even more painful to face if he or she lost her life due to someone else’s negligent, reckless, or intentionally violent behavior.

In these situations, you can file a wrongful death lawsuit against the at-fault party to claim compensation for the damages you and your family suffered as a result of the incident that led to his or her death. However, proving a wrongful death case requires satisfying a series of specific legal elements.

Who Can File a Wrongful Death Lawsuit in California?

In all states, only certain individuals can file a wrongful death lawsuit on behalf of the deceased. If you qualify, you must file the lawsuit within two years of the date of your loved one’s death, and you must prove that you are one of the following people in relation to the deceased.

  • A spouse or domestic partner
  • A surviving child
  • A person who is in the line of succession to inherit the deceased’s property in the event that no spouse or child exists, such as a parent or sibling
  • A person who is financially dependent on the deceased, such as a stepchild, a putative spouse or putative children, or parents

You can file a lawsuit against any party that may be at-fault for the death of your loved one, including individuals, corporations, hospitals, or government agencies. You can file a wrongful death claim against a single person or entity, or multiple parties. However, to prove your case and claim compensation, you will need to provide evidence to support a series of four elements.

Element #1: Duty of Care

Before you can establish that a wrongful death occurred and that the at-fault party is responsible, you will first need to prove that the at-fault party owed your loved one a duty of care at the time of the accident. To prove duty of care, you can provide a copy of medical records, a lease agreement, surveillance footage, and other pieces of evidence that establish the relationship between the at-fault party and your loved one.

For example, if your loved one died in a car accident, you can prove that the at-fault driver owed him or her an obligation to follow the rules of the road and to drive safely. If your loved one died due to dangerous conditions in an apartment building, you can prove that the landlord had a duty to maintain safe premises and respond to hazardous conditions promptly.

Element #2: Breach of Care

After you establish the responsibility that the at-fault party had to your loved one, you must prove that he or she breached the duty of care in some way. Proving this element will vary based on the circumstances of your case. For example, if a driver ran a red light and crashed into your loved one’s vehicle, you can establish the breach by showing police records and surveillance footage.

Element #3: Causation

Once you establish that the breach occurred, you will next need to prove that the breach of care directly led to the death of your loved one. You can prove this by displaying medical records, witness testimony, surveillance footage, expert witnesses, and many more pieces of evidence. Your attorney can help you determine which evidence you need to prove causation.

Element #4: Damages

Finally, you must prove that the death of your loved one led to damages that you and your family members can collect in your lawsuit. Damages in wrongful death cases differ from personal injury lawsuits and can include any of the following.

  • Final medical expenses for the deceased
  • Reasonable funeral and burial expenses
  • Loss of future earnings
  • Loss of financial support
  • Loss of consortium or companionship

If you are grappling with the death of a loved one in California, you may have the right to file a wrongful death lawsuit on his or her behalf. To do so, you will need an attorney on your side who is familiar with the legal process that governs these lawsuits and who has the resources necessary to help you build your case. Contact a Bakersfield wrongful death lawyer as soon as possible to discuss your case and to begin the filing process.

Posted by highrank at 5:06 pm

Is There a Cap on Non-Economic Damages in California?

Monday, November 25, 2019

When you file a personal injury lawsuit, you can claim compensation for both economic and non-economic damages, as well as punitive damages in some circumstances. However, many states can limit the amount that you may claim by imposing caps on certain types of damages in certain lawsuits – even if you believe the circumstances of your case warrant a higher award. The state of California imposes caps on non-economic damages in certain circumstances.

Different Types of Damages in California Lawsuits

You have the right to claim two main types of damages in a California personal injury case: economic damages and non-economic damages. Economic damages refer to the tangible financial losses you suffered as a result of the accident, such as medical expenses, lost wages while you were in the hospital or recovering at home, property damages sustained in the accident, and disability accommodations to your home and vehicle.

On the other hand, non-economic damages refer to the losses you cannot provide a financial paper trail to prove. They refer to the emotional repercussions of your injuries, such as the development of mental health issues like depression and anxiety, or other intangible impacts, such as chronic pain, disability, and disfigurement, or a loss of quality of life.

In certain cases, you may also be able to claim punitive damages in your lawsuit. Unlike economic and non-economic damages, the purpose of punitive damages is to punish the at-fault party, not to compensate you for your losses. Courts will assign punitive damages on top of economic and non-economic damages in situations where the at-fault party acted in an especially negligent, reckless, or dangerous manner.

How Do California Courts Calculate Non-Economic Damages?

In the state of California, different courts calculate non-economic damages in different ways. There is no set standard under which the state will determine your non-economic damages. The jury will determine the final amount based on the circumstances of the case and what would be a reasonable amount based on your injuries.

To successfully prove your case for non-economic damages, your attorney will need to establish that you suffered the injuries as a result of the at-fault party’s negligence or recklessness. After presenting your case to the courtroom, the jury will determine whether or not you can claim compensation, and will determine how much you should receive.

California Non-Economic Damage Caps

California does not impose limits on the amounts on economic damages you can claim in a personal injury lawsuit. In most personal injury cases, California does not impose a limit on non-economic damages either – unless the case falls under certain circumstances.

 

  • If the lawsuit involves an instance of medical malpractice, the court caps amount of non-economic damages you can claim at $250,000.

 

  • If you do not carry car insurance and suffered injuries in a car accident that was not your fault, you do not have the right to claim non-economic damages. The exception to this rule is if the at-fault driver was under the influence at the time, during which you can claim non-economic damages.

 

  • If you suffered an injury while you were driving under the influence, even if the other driver was at-fault for the accident, you cannot claim non-economic damages if the courts convicted you of the DUI.

 

  • If you suffered an injury while committing or fleeing a felony crime, you cannot claim non-economic damages if you receive a felony conviction, even if you were not at-fault for the injury.

 

Calculating non-economic damages can be challenging, as well as collecting evidence for the economic damages you could claim and determining whether or not your case qualifies for punitive damages. However, hiring an attorney to assist you with your lawsuit can help you discover optimal pathways towards maximum possible compensation. If you have not done so already, contact a personal injury attorney to discuss your legal options and to begin the filing process. 

Posted by highrank at 8:12 pm