Who is liable?
Car accident injuries are often the result of another party’s recklessness or carelessness. If you are hit from behind (rear-ended), you are likely not liable and can recover fully for your damage to your car as well as your resulting injury. However, California is what is known as a “comparative fault” state. Comparative fault assesses the percentage of fault attributed to each party and the plaintiff’s percentage of fault will reduce any recovery he or she obtains. This means that even if the plaintiff is 99% at fault, he or she will still be able to recover 1% of the total recovery amount.
Legal Considerations in a Car Accident Case
Statute of Limitations. As with any lawsuit, car accident injury lawsuits must be filed within a certain period of time of the harmful wrongful conduct, a period known as the statute of limitations. Failure to bring suit within this period may bar your ability to bring suit completely. The statute of limitations, however, differs depending on the subject matter of the case. At York Law Firm, our attorneys can advise and protect your legal claim.
Eye witnesses. In car accident injury cases, it is extremely important to get eyewitness accounts of the incident. Eyewitnesses help verify your side of the story and increase your probability of obtaining a favorable verdict.
Recovering Damages in a Car Accident Case
The injured plaintiff can recover past and future medical expenses and non-economic damages (also referred to as pain and suffering – the harms, injuries and losses suffered). Punitive damages can also be awarded when the plaintiff can prove that the wrongdoer acted fraudulently, maliciously or recklessly.
York Law Firm cares about their clients and their well-being. We understand the expenses associated with a car accident injury can be considerable, and know how important it is to be compensated for your medical care costs (past and future), physical injuries and pain and suffering. The experienced attorneys at York Law Firm are devoted to helping their clients obtain the compensation to which they were entitled.
Types of Damages
Compensatory Damages. Compensatory damages are damages meant to “right the wrong.” In other words, they are meant to reimburse/make up for the injuries, harms and losses sustained by the victim.
There are two types of compensatory damages: economic and non-economic damages. Economic damages include quantifiable amounts such as out-of-pocket expenses like medical bills, lost wages or property damage. Non-economic damages include pain and suffering, loss of companionship, physical injuries/harms, mental anguish and emotional distress. They also include “loss of consortium,” or damages for loss of society, comfort and care of the injured plaintiff. Because the human loss – physical pain and suffering – are immeasurable, an experienced lawyer can help you quantify your pain and suffering. Non-economic damages will often exceed the amount of economic damages awarded, which is why you need to contact one of our skilled attorneys at York Law Firm. We have extensive experience in advocating for recovery of damages.
Punitive Damages. Damages awarded to the victim in order to punish the wrongdoer for his or her gross negligence are known as punitive damages. Punitive damages are awarded where the conduct was malicious or in reckless disregard of the plaintiff’s rights, displaying an indifference to the rights and safety of others. Punitive damages may also be awarded when the defendant’s conduct is fraudulent or oppressive.