If a driver causes an auto car accident, such driver is liable to pay for any damages done. So if you are confused if you can sue for a car accident in California, Yes, you have the right to sue a driver as a victim for the damages done to you or your vehicle. Such damages include; property, economic, non-economic, and often, punitive damages.
Have you or your loved ones been involved in a car accident in California? If yes, you have the right to sue the other party as a victim. You’d like to know in what case you are privileged to sue. Read on for more clarity.
SEE ALSO: How to Hire Good Car Accidents Lawyers
Can I Sue After A Car Accidents Without Injuries?
Yes, you can sue after a car accident where you did not sustain any physical injuries. What then are you suing for? You are suing for property damage. Although, this can be settled outside court, except if the insurance company is trying to ignore you, Only then can you proceed with suing. Suing is just to determine who is wrong and who should be getting compensation.
What Other Case Can I sue For?
Other damages you can sue for in California include; Economic and non-economic damages.
What Are Economic Damages?
Damages that can be evaluated based on real costs are called Economic damages. If you’ve spent anything to take care of the injury sustained from the accident will be repaid as a part of your Economic damages. Such damages reimbursements include;
- Medical treatments expenses,
- Hospital and doctors visits,
- Prescribed medications,
- Medical aids devices such as wheelchairs, prosthetics, etc.
- Property repairs/replacement,
- Loss wages (in cases where you missed work),
- Future earnings (Where you can return to work).
What Are Non-Economical damages?
Any damage without a specific cost is a non-economical damages. These are usually emotional distress damages which can be with or without injury. It includes;
- Confinement to bed,
- Mental agony,
- Emotional Trauma,
- Post-Traumatic Stress Disorder,
- Humiliation / Insult,
- Limb loss (amputation) or disfigurement, etc.
Usually, emotional distress caused by an accident could be exhausting and needs to be taken care of by mental health supervision which often time stops the victim from working or living a normal life. As a victim, you can sue in such an instance in California without being physically injured.
What Are The Proves I need To Sue?
If you would like to get compensated for the damages done to you, your attorney must have scrutinized the gathered evidence before filing your claim or suing the other party. The pieces of evidence to be prepared include;
- Medical documents which must include a doctor and therapists’ remarks to you,
- Related photographs of property damage or physical injury,
- Videos or photos that affirm the plaintiff’s activities both before and after the injury (this is to clarify if truly there is any difference in terms of damage),
- Sworn evidence of friends and family,
- Statement or reports from your workplace that shows the difference in you before and after the injury,
- Professional testimony stating the lost earning capacity, etc.
Settlement or Suing, Which is Best?
It is better to settle than to sue because winning a trial is unpredictable and unguaranteed. Anything is bound to happen when you sue, and since the unexpected can be expected, your attorney and the other party involved would love to settle outside court.
During a trial, it is either you win or lose, so instead of playing a probability game, why not just agree to payment? If you don’t agree, you sue the other party and you lose, it means there won’t be any negotiation.
Consequently, suing a party involves you spending more money as court procedures tend to be expensive, considering some cases take years to be settled.
So the best thing is to settle when you are involved in a car accident, this will help you as a victim and other parties to move on easily with your lives.
SEE ALSO: Best Houston Trucking Accident Attorney
You can sue after a car accident in California irrespective of the damages done to you by the other party. As a victim, if you feel the other party was responsible for the accident due to his or her negligence, and you know you are entitled to be taken care of.
You can use such a party. However, get an attorney, file your claim. Your attorney will be the one to tell you if you can proceed with suing after a car accident or all you need to do is settle for payment.
If you know anyone skeptical about suing, it could be you or your loved ones, do well to share this post with them. You can sue after a car accident for any type of damages.