Sacramento Auto Injury Lawyers: Recover Compensation for Economic and Non-Economic Losses

A skilled Sacramento auto injury lawyer can help car accident victims recover compensation for both economic and non-economic damages.

As we all know only too well, car accidents are expensive! After a serious crash, you might have to repair your car and pay for medical treatment. On top of that, bad accidents also leave victims unable to work which only compounds the problem. Fortunately, California’s civil law system exists precisely to compensate victims for injuries caused by someone else’s negligence. After a car accident, a Sacramento auto injury lawyer can help you receive compensation for a host of economic and non-economic losses.

What kind of economic losses are included?

1. Medical Expenses

At the Wyatt Law Corporation, we sadly see clients every week who have suffered sometimes serious injuries in car accidents, including:

• Head injuries
• Traumatic brain injuries
• Back injuries
• Spinal cord injuries
• Broken bones
• Crushed limbs
• Amputations

Keep in mind that even relatively minor injuries, like cuts or sprains, can develop complications if not properly and promptly treated. For example, a cut can easily get infected, and the infection can lead to potentially life-altering complications. Similarly, invisible injuries such as those to your back might appear at first to be minor, but can unfortunately lead to life long chronic pain conditions.

After an accident, you can receive compensation for medical care to treat your injuries. Our clients have received money for:

• Transportation to the hospital
• Hospital treatment
• Surgery
• Doctor’s visits
• Rehabilitation
• Prescription drugs
• Equipment such as wheelchairs, braces, or crutches

These economic losses are fairly easy to calculate. Hold onto all of your medical bills and receipts and show them to your auto injury lawyer. And if you need continuing medical care for catastrophic injuries, you can receive money for that care as well. For example, someone paralyzed might need an at-home attendant and periodic surgery in the future. The amount of future care is somewhat speculative, but a skilled personal injury lawyer can estimate the costs to a reasonable degree of certainty.

Many injuries require recovery time at home, and you can receive compensation for missed time at work. To calculate your lost income, show your attorney proof of income, such as pay stubs, tax returns, W2 forms, or self-employment ledgers.

When injuries are particularly serious, you might not be able to return to your old job. For example, someone who worked as a violin teacher will probably have to find a new job if her arm has been amputated. If your new job will pay less, you can receive lost earnings capacity. Lost future earnings are like future medical care, somewhat speculative.

2. Property Damage

Your own vehicle probably suffered damage in the car accident. You can receive compensation to fix the vehicle or replace it if it was totaled. Hold onto any repair estimates to document how much compensation is necessary to reimburse you.

What kind of NON-economic losses are included?

1. Pain and Suffering

Not all losses can easily be measured in dollars and cents. California car accident victims can receive compensation for non-economic losses as well, such as pain and suffering. Consider the following:

• Physical pain
• Emotional anguish or distress
• Loss of enjoyment of life
• Disfigurement

Proving non-economic losses is more complicated than economic ones. For one thing, juries can sometimes be skeptical that you really are suffering from pain, so you will need high-quality evidence to convince them otherwise. Depending on the circumstances, your auto injury lawyer might present:

• Testimony from friends or family about how your injuries have changed you
• Your testimony about the pain you feel
• Proof of prescription drugs to manage pain or regulate your mood
• Testimony from a therapist or mental health counselor

Some of our clients also keep pain journals in which they document daily the location and intensity of their pain. They can also detail how their injuries have changed their mood for the worse. A detailed pain journal is powerful evidence of the non-economic losses you have suffered.

Generally, more serious physical injuries will garner more compensation for non-economic losses. For example, someone fully paralyzed will receive more than someone who broke their arm. Nevertheless, no two cases are exactly alike, and your lawyer will analyze all relevant facts to estimate the amount of damages you can receive.

2. Loss of Consortium

After a car accident, your spouse might also have a legal claim for compensation. He or she can bring a case for “loss of consortium,” which is the legal term for negative changes to your marriage, such as:

• Loss of companionship
• Loss of guidance
• Loss of moral support
• Loss of instruction
• Loss of sexual intimacy

Unfortunately, California does not currently allow children to receive compensation when an injury impairs the ability of their parent to offer love, instruction, and guidance.

3. Punitive Damages

Compensation for economic and non-economic losses are meant to make you “whole.” However, punitive damages have a different purpose. They are intended to punish a defendant for egregious or dangerous conduct. If you win punitive damages, you get to keep them in addition to your compensatory damages.

Not everyone qualifies to receive punitive damages in a car accident. California Civil Code Section 3294 outlines the different circumstances in which you can pursue punitive damages. For the purposes of car accidents, you might qualify if you have clear and convincing evidence that the driver intentionally harmed you or exhibited a conscious disregard for your safety. Please ask your attorney whether or not you may qualify for punitive damages.

One common situation where you might qualify for punitive damages is if you are injured by a drunk driver. Getting behind the wheel while intoxicated exhibits a lack of regard for other people’s safety, and you can punish them by pursuing punitive damages.

4. Wrongful Death

If a loved one died in a car accident, then some survivors can bring a lawsuit for wrongful death. According to the California Code of Civil Procedure 337.60 et seq, the following can file this type of lawsuit:

• The estate’s personal representative
• The spouse or domestic partner of the deceased
• The deceased’s children or any grandchildren
• If none of the above, then anyone who would be entitled to receive the estate under the laws of intestate succession in California

Some additional people can also file a wrongful death lawsuit if they were dependent on the deceased. This group includes:

• A putative spouse
• Children of the putative spouse
• Stepchildren
• Parents

If the lawsuit succeeds, you can receive compensation for anticipated financial support, the value of household services, and loss of community, affection, and guidance. Also, the estate can receive compensation for funeral and burial expenses, medical care to treat the final illness, and lost income.

Speak with a Sacramento Auto Injury Lawyer Today

After a serious car accident, our clients come to us worried about whether they can provide for themselves and their families. At Wyatt Law Corp Car Accident Attorneys, we have built our reputation fighting for injured victims just like you. Contact us today for a free consultation. We will be happy to explain your options and remember that there is no cost to you as we handle all cases on contingency.