Can I Be Compensated for Emotional Distress or for My Pain and Suffering?

It is natural to wonder what your car accident case might be worth. In California, you have the right to seek damages for the full extent of your losses, which includes compensation for your noneconomic losses. Maximizing your settlement requires an understanding of the types of damages available under the law. You must also know how to prove you have suffered such a loss.

Compensation Available in a Car Accident Claim

  • Past and current medical bills
    • This includes bills from first responders (fire and/or ambulance), emergency room bills, initial doctor visit charges, surgeries that have been performed, chiropractic and physical therapy treatments, expert evaluations, and anything else related to the accident that has already been paid.
  • Future medical bills related to recovery
    • Surgeries in the near and distance future
    • Follow up doctor visits
    • Physical therapy
    • Nurse care
    • Future medical prescription costs
  • Future life care costs
    • For serious injuries, like paralyzation, you may receive compensation for the future cost of everything from the number of Band-Aids needed to the cost of transportation to the cost of transferring your house to be handicap accessible.
  • Loss of earnings
    • Wages you were unable to earn due to injuries suffered in the accident.
    • Loss of earnings may work that you missed due to the accident or sick days or vacation days that you had to use because you had to take due to the accident.
  • Loss of future earnings or earning capacity
    • In some cases, the injured party’s ability to perform the full duties of their job becomes diminished. If the person is unable to work, or cannot work to the same degree they did before the accident, they are entitled to compensation.
  • Punitive damages
    • Compensation for these types of damages typically occur when the other side is being punished. For example, an injured driver may be entitled to compensation for punitive damage when the other at-fault driver is arrested and convicted of a DUI for the accident.
  • Pain and suffering, including emotional distress.
    • An injury causing accident is life altering. The injuries may even prevent you from doing activities you once enjoyed. In addition, you might have to alter your approach to once simple activities. You are entitled to compensation for the diminished quality of life.

How to Recover the Compensation You Deserve

You may receive compensation through a benefit in your insurance called medical payments, or “Med Pay.” Medical payments are compensation from your insurance company for medical treatment that you seek in a car accident. However, many of these medical payments are reimbursable, which means that if you receive any compensation from a third party, those medical payments need to be repaid back to the injured party’s insurance company at a certain percentage.

An attorney can help you pursue injury claims – especially when the injuries resulted from another driver’s negligence. Reach out to the Beliz Law Firm today for a free consultation on your case.