ELEMENTS OF A SACRAMENTO, CA CAR ACCIDENT CLAIM
Posted on Friday, October 14th, 2016 at 2:20 am
Have you been injured in a car accident? If so, you may have questions about who will pay your expenses and how you will recover compensation for your injuries? The first step is to contact a car accident attorney in Sacramento for a free legal consultation. Our attorney will listen to your story, ask questions, and provide you with sound legal advice about how you should proceed to recover compensation for your injuries.
Two important elements in a car accident claim are proving fault and calculating damages.
Proving Fault In A Car Accident Claim
It is not required that a driver intentionally causes a car accident to be liable for any injuries resulting from the collision. All that is necessary is to prove that the driver breached the duty he or she has to others to avoid a collision.
Every driver has a duty to others using the road to avoid a collision. When a car accident occurs, that duty is breached. The key is to prove that the other driver did something to cause the accident. Examples of things a driver can do to be responsible for a collision include:
- Driving the wrong way
- Failing to yield the right of way
- Failing to obey traffic signals/signs
- Texting while driving
- Other forms of distracted driving (i.e. drinking, eating, grooming, dressing, adjusting controls, etc.)
- Driving while impaired by alcohol or drugs
- Following too closely
Once a driver has breached the duty owed to others, you must prove that this breach resulted in damage to property or a person. In a car accident, this is usually proven though medical records substantiating the injuries sustained in the accident.
Once you prove the other driver caused the accident and that you incurred damages (i.e. injuries) because of the collision, you are entitled to receive compensation for your damages, losses, and injuries.
Valuing A Car Accident Claim
The next element in a car accident claim is calculating the value of the claim. There are two different types of damages in a car accident claim — economic and non-economic damages. These damages are also referred to as special damages and general damages. Economic or special damages can be proven with actual invoices, bills, or other evidence that reflects the exact amount of the damage. Special damages include:
- Lost wages
- Medical bills
- Property damage
- Funeral expenses
- Medical care and/or personal care
- Medical equipment
- Travel expenses
- Other out-of-pocket expenses directly related to your injuries and recovery
Special damages can be proven by using medical bills, repair bills, prescription receipts, pay stubs, and other physical evidence of the cost of the damage.
Non-economic or general damages are those damages that do not have a specific dollar value. General damages are intended to compensate you for your physical pain, loss of enjoyment of life, emotional suffering, mental anguish, disfigurement, and permanent disabilities.
Calculating general damages can be complicated. However, an experienced Sacramento car accident attorney can take the existing evidence and calculate a value for general damages that maximizes your chance of receiving the highest amount possible by law. An experienced attorney understands how to use the information he gathers to fully demonstrate how the car accident has impacted your daily life.
Get Help With A Sacramento Car Accident Claim
When you are injured in a car accident, you want an attorney on your side who has experience handling car accident claims. In most cases, hiring an attorney with little to no experience handling car accident claims may result in a settlement that is less than the full value of your car accident claim.
The Sacramento car accident attorneys of the Tiemann Law Firm have the experience, knowledge, skills, and resources you want on your side when battling a large insurance company. Contact our office by calling (916) 999-9000 or by chatting with a representative on our website to schedule your free legal consultation and case evaluation.