If Injured Due To Some Other Party’s Fault, What are You Entitled to Recover?
If you are injured through no fault of your own but by someone else’s negligence, California law entitles you to recover various types of damages, which include the following:
Medical Bills/Present and Future: You are entitled to recover all of the medical bills and other expenses that you incurred or will incur in treating for your personal injuries. You are also not penalized for having part or all of these expenses covered by some other collateral source such as your own health or car insurance.
Pain and Suffering: Ordinarily, the most valuable element of your bodily injury claim is the right to compensation for physical pain and mental anguish you have suffered and will endure in the future because of your injury. These general damages are in addition to and may be far more than the amount of your medical expenses and lost earnings.
Loss of Earnings: You are also entitled to recover the loss of earnings sustained from missing work as a result of your injuries. This includes wages, commissions, bonuses and all other earnings and fringe benefits.
Future Loss of Earnings: If your injuries permanently limit your ability to earn, you can recover the value of the reduction in earning capacity that, with reasonably probability, will occur in the future. These damages compensate you for your lost earning power over the remainder of your working years.
Death: Damages for wrongful death are available for the wife, husband, parent and child of the deceased person. Sometimes, persons related by blood or marriage, who were dependent upon the deceased, may recover. Damages are not limited to the economic loss and may include damages for loss of companionship, comfort, protection, marital care, parental care, attention, advice, counsel, training, guidance or education. Damages are available for the deceased’s estate as well.
Disfigurement: If the injury causes scarring or other unsightly marks, you are entitled to recover for the disfigurement, humiliation or embarrassment associated with the disfigurement.
Damage to the Marital Relationship: Serious injuries to one spouse may cause damage to the marital relationship. If this occurs, you are entitled to recover for the loss of society, affection, assistance, conjugal fellowship and loss or impairment of sexual relations that occur.
Damage to Your Vehicle or Other Personal Property: You are entitled to be made whole for any damage to your personal property. Where they can repair your vehicle, you are entitled to recover the reasonable cost of restoring the vehicle to its condition before the collision. In addition, you may recover the cost of substitute transportation necessarily incurred while they are repairing your vehicle (i.e. a rental car). If your car is deemed a “total loss”, you are entitled to recover the true, fair market value of the vehicle or other property.
(Warning: Changes in the law concerning damages occur frequently.
You should consult with an Attorney regarding the damages recoverable in your particular case)
Where Do We Go From Here?
The Most Important Secret to Know to Avoid Being Ripped
Off by an Insurance Company Is to Hire The Most Competent,
Aggresive, Strong Willed, And Savvy Attorney You Can Find!
Why do think insurance companies always try to get injured people to settle their claims without legal assistance from a competent personal injury lawyer?
Because they can pay less than they should and get away with it — leaving you with less than you deserve!
The only problem here is, there are so many lawyers! How will you know if the lawyer you hire is experienced?
How will you know the lawyer you have is going to be the most competent, aggressive, strong willed and savvy attorney you can get?
HERE IS WHAT I CAN OFFER YOU
If this information makes sense to you in any way, then you probably have a few questions. Since you may be uncertain about whether you have a valid personal injury claim or what to do about it, I offer a free, one-hour consultation and review of your case. Please call me while this information is still fresh in your mind. I will set aside a full hour or more to meet with you at no cost and with no obligation! This consultation will allow you to protect your rights and maximize the value of your case. You’ll be able to get all of your questions answered and go forward with confidence and peace of mind.
Here is How It Works:
First, I will go over the facts of your case with you, ask you questions and review the police report and any photos, estimates or other papers you may have. Then, when I have a clear understanding of what happened, I’ll give you my opinion about your case, including the chances for recovery and any problems I see. Every case is different and I’ll tell you what I think is best for you under your specific circumstances. I will also explain your legal rights and your obligations. I’ll tell you what papers need to be filed and what reports need to be made. I’ll also explain the entire claims process, so you’ll know exactly what happens from start to finish. If the facts are in dispute, I’ll tell you what can be done to prove your side. I’ll also tell you how to protect yourself from insurance adjusters and investigators. They can be tricky. I’ll show you to keep them from taking advantage of you. Some lawyers may miss little things that can make a big difference to you. The biggest settlements often go to those who avoid insurance company traps by doing the little things right. I’ll give you “five” keys most lawyers will never tell you so that you get every penny you deserve. The only thing I won’t do is give you an opinion of what your case is worth. It is impossible to evaluate a case until you have recovered from your injuries and all of the medical bills, records, loss of earnings and other evidence are in hand.