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Personal Injury

Auto Accident Injuries and Compensation

Monetary compensation for injuries and damages is available to those victims of car accidents. Of course each case is different fraught with complex legal issues as well as burdens of proof. It is imperative that you consult an Los Angeles car accident lawyer to guide you through this legal process.

Compensation for Your Losses

When seeking damages, the injured party will file suit to recover damages from the party or parties that caused the accident. As reparations for the injuries and damages, the victim will be awarded damages. Injuries that qualify for damages include physical injuries, i.e. spinal cord injuries, broken bones, and traumatic head injuries. Often times, compensation is also awarded for the pain and suffering suffered by the victim.

There are incidences where damages may be pursued to pay for the victim’s medical bills immediately after the accident and all reasonable future medical bills. Rehabilitation costs may be recovered in cases where the victim requires physical therapy or home accommodations. In these circumstances past and future wages may be included in the claim. Personal property damage  may often be recoverable when pursuing damages.

Certain damages can be quantifiable and can easily be calculated. There are damages, though, that may be justified but are more complex to calculate. Mental pain and suffering, permanent impairment, disfigurement and loss of enjoyment of life can all be compensable in a damages claim.

In those cases where there is a prior injury unrelated to the accident, monetary recovery can still be made available to the injured person. Basically if the accident in question exacerbated the victim’s current condition than the new injury can be viewed as separate incident irrespective of the current injury or condition.

It is imperative that you maintain current records or a diary of the affects of the injury to you both physically and emotionally. This information can provide a basis for the short and long term effects of the accident.

Loss of Consortium – Spouse’s Damages

By definition a loss of consortium describes the negative impact an accident can have on a marital relationship. A spouse may experience a loss without being directly involved in the auto accident. In most states a victim’s claim of loss of consortium is recognized. Either for a short period of time or permanently a loss of consortium adversely affects the benefits associated with marriage, such as companionship, assistance, comfort, sexual relations and affection.

Auto Insurance

Typically the other driver’s insurance company is responsible for any recovery or claim by the car accident victim. In those instances where the driver is uninsured or underinsured, however, the accident victim must rely on other methods to recover damages.

In these cases, an uninsured-motorist or underinsured-motorist provision of the victim’s policy will be used to compensate the victim. There may be an option whereby the victim’s spouse or employer may have insurance that can supplement or provide benefits to the victim. Of course benefits of this type are on a case by case basis.

The Amount of Financial Recovery

There are several factors to consider when determining the amount of a financial recovery for the auto accident victim. The following is a list of factors that can all be used to determine the amount of financial recovery. Although this list is not all-inclusive, it speaks to the fact that it is necessary for a victim to be represented by an attorney experienced in handling personal injury cases – specifically motor vehicle accidents.

  • State law
  • Victim’s injuries
  • Proving the facts of the case
  • Victim’s own actions
  • Type and length of medical treatment
  • Insurance coverage of each party
  • Effect of the accident on the victim’s income
  • Permanence of the injuries.

Consult an Attorney

The aftermath of an auto accident can be dire, both for the victim and the victim’s family. Call the Law Offices of George Gallegos today to for a free legal consultation.