The consequences of a car accident can take a toll on a victim’s well-being, as well as that of their family. Instead of being able to fully focus on recovery, a victim can stress out about their loss of income and the unexpected expenses they have to pay. Fortunately, car crash victims have the right to claim damages against the negligent party, which can help ease their financial burdens.
But what specific compensation can one recover?
Economic damages
Individuals who suffered personal injuries or fatalities due to the collision can recover the following monetary damages:
- Hospital bills, prescription costs and other related medical costs
- Vehicle repair or replacement costs
- Loss of employment
- Loss of income
- Funeral and burial expenses
These are measurable expenses that the court can verify objectively. So, the claimant must provide documents to prove the actual amount of monetary damages.
Noneconomic damages
Motor vehicle accident victims can also recover intangible losses and damages such as the following:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of consortium
- Loss of companionship and society
The compensation for these damages is subjective and depends on the facts and circumstances of each case.
Are there limits on the recoverable amount?
Generally, California does not impose a limit on the amount a claimant can recover in both categories of damages. However, an involved party without automotive insurance cannot recover noneconomic damages, such as pain and suffering, whether they are at fault or not.
Understanding the types of compensation a vehicle accident victim and their family are entitled to can help ease their concerns and aid them in preparing well for their personal injury lawsuit.