In an ideal situation, the at-fault driver’s insurance provider settles the insurance claim arising from an auto accident. Most insurance companies settle the claims. However, some fail to do so. It can be frustrating following up with the insurance company only for them to fail to honor their obligations. If you are in this situation, you will need to file a lawsuit with the assistance of a car accident attorney.
Proving Your Case
Civil action against an insurance company aims to recover damages to compensate for the loss you suffered from the crash. The courts consider both economic and non-economic losses. However, for the damages to be awarded, you will have to prove your case.
As the plaintiff, you bear the burden of proof. The court must be satisfied with the following elements to order the insurance company and/or the negligent driver, the defendant in the case, to compensate you for your loss.
You must establish:
- The at-fault driver owed you a duty of care
- The driver breached the duty of care
- Causation, and
- Quantifiable losses resulting from the crash
Duty of Care
The outcome of civil action in a car accident case hinges on whether the defendant owed the plaintiff a duty of care. This duty arises when it is established a legal relationship exists between the plaintiff and the defendant. Further, the defendant is expected to act with reasonable care in exercising this duty.
Drivers are expected to exercise reasonable care while operating vehicles. They achieve this duty by following the traffic laws, driving within the recommended speed, and exercising caution when driving.
A judge determines whether a duty of care exists. They consider several factors set forth by California’s Supreme Court. The courts consider:
- The foreseeability of harm to you, the plaintiff
- The certainty that you suffered an injury
- The link between the defendant’s actions and the injury you sustained
- The extent of the resulting burden from the crash to you
- Moral blame resulting from the defendant’s actions
- Policy to prevent future harm
- Impact on the community of imposing a duty to exercise reasonable care and the resulting liability if said care is breached
- The availability, cost-implication, and prevalence of insurance for the risk under consideration
Under the law, drivers owe other motorists a duty of care, and in this case, proving that the at-fault driver owed you a duty of care will not be entirely challenging.
Breach of Duty
An established legal duty of care is breached through a person’s inaction or action that goes beyond what a reasonably prudent individual would have done, given the circumstances. Actions that fail the reasonable test are deemed negligent and are enough to substantiate a breach in the duty of care.
In simplifying the reasonable test, a plaintiff must establish that a reasonably prudent individual would have known that acting in a manner as the defendant did could result in injury or death.
Negligence occurs in two ways, ordinary or gross. In ordinary negligence, an individual makes actions or inactions based on an error in judgment or a mistake, for example, failing to see a speed limit warning.
However, an individual who acted with gross negligence is said to have committed said actions or inactions with reckless disregard for human life and the safety of other motorists. For example, drunk driving, texting while driving, tailgating, or erratically changing lanes.
Thus, the consequences of gross negligence are more significant than those of ordinary negligence. The compensation too, is significantly higher than cases involving ordinary negligence.
While a judge ascertains the duty of care, the jury determines a breach of duty. Facts the jury considers in their decision of whether the obligation was beached include but are not limited to:
- Testimony from accident reconstruction experts
- Whether the defendant could have reasonably foreseen the risk their actions posed
- Expert testimony of the knowledge and skill the at-fault driver possessed — This section primarily examines EMTs, law enforcement officers, and truck drivers because of their training and skills in driving.
The jury further examines the degree of fault for both the defendant and the plaintiff from the evidence presented.
California is a pure comparative negligence state. That means that you can collect damages net of your degree of fault. For example, if the defendant was 80% at fault and you were 20% at-fault, under comparative negligence law, you can claim 80% of the damages awarded and not 100% of the awarded damages.
Causation
After proving the defendant was negligent, you need to establish a link between your injuries and the defendant’s negligence. A jury only awards damages when satisfied that your injuries were a natural, direct, or probable consequence of the defendant’s actions.
The defendant’s actions in causing your injuries are called causation and are divided into two categories: actual and proximate cause. In actual cause, there is a direct link between a victim’s injuries and the at-fault driver’s actions or inactions. For proximate cause, the at-fault driver’s actions are passed through the ‘but for’ and substantial factor test.
- “But for” Test
The “but for” test seeks to determine whether the injury would have happened but for the defendant’s actions. This then establishes a direct link between the defendant’s actions and your injuries.
- Substantial Factor Test
Under this test, the courts seek to establish whether the defendant’s actions were substantial enough to cause the injuries suffered. If the courts determine it so, it means that the evidence presented shows that the at-fault driver’s actions or inactions materially contributed to the occurrence of the injury.
Additionally, foreseeability is key under causation. The crash and the resulting injuries should be reasonably foreseeable, meaning a reasonably prudent individual would have foreseen that the actions or inactions by the at-fault driver could have caused the crash. Only then would the at-fault driver be held liable. However, if the events were unforeseen, then it is likely the at-fault driver will not be held responsible. Unexpected events include acts of God and criminal activities by third parties, to name a few.
It is important to note that plaintiffs must prove both actual and proximate cause in a negligence case against the at-fault driver under California law. Only then will the defendant, the at-fault driver, be held liable.
Quantifiable Losses
You have to prove that you suffered measurable losses from the car accident. These losses form the basis of the civil suit against the plaintiff, a pursuit for compensation. If you fail to prove the quantifiable losses, you will not recover any compensation.
Losses, in this case, refer to lost income or expenses incurred to repair damaged property or seeking medical treatment because of a car accident.
Some immediate losses following car accidents include property damage and medical expenses to treat noticeable injuries like cuts, bruises, and broken limbs. Non-immediate losses become apparent after some time. They include life-long treatment for injuries sustained in the car crash, loss of consortium, job loss, pain and suffering, and other intangible losses.
Proof will be required to quantify your losses. Therefore, you must maintain complete and detailed records of injuries, property damage, and all expenses incurred in seeking treatment and restoring your property to a pre-accident state.
Upon examining the losses, the courts will determine the damages payable.
Damages Available in Car Accident Civil Suits
Courts award compensatory and punitive damages in car accident lawsuits. Compensatory damages recompense the plaintiffs (victims of the car crash) for the losses incurred due to the injuries sustained in the crash. On the other hand, punitive damages punish the at-fault driver for discouraging others from engaging in similar behavior.
- Compensatory Damages
Compensatory damages are also referred to as actual damages. These damages aim at restoring or making a car accident victim “whole” monetarily to the extent that is possible. This is achieved by placing a dollar figure on the consequences of the accident.
Note, compensation is case-specific. Damages are awarded based on the facts presented in the case.
Actual damages fall into two categories: economic damages, which are easily quantifiable, and non-economic damages, which are not immediately quantifiable.
Economic Damages
Economic damages are immediately quantifiable, meaning records of financial payments show the value you spent in seeking treatment or repairing property damaged in the accident. Here are some common types of compensation payable under economic damages.
- Medical Expenses
Any cost incurred while seeking medical treatment is recoverable. Medical treatment includes the sum paid for medical operations, diagnostic procedures, doctor consultation, surgery, physical therapy, and pain management.
Incidental costs are also taken into account. These are costs you incur while seeking treatment. The list includes transport costs incurred to attend medical treatment, home-care services, medical equipment, and restructuring costs incurred to tailor your home to be more accommodative after the crash, like constructing a ramp to aid in your wheelchair use.
It is crucial to preserve all the incurred costs after the car crash. They will be pivotal in the lawsuit.
- Future Medical Costs
Doctors could recommend subsequent treatment, for example, physical therapy to help restore your mobility, follow-up consultations with your doctor, or psychotherapy to treat the emotional and psychological trauma the crash caused. These costs are deemed future costs because they are incurred after the conclusion of your case.
- Lost Earnings
Some injuries require time to recover. You could miss out on a few payments or lose your source of income on account of your injuries. You can regain the value of lost revenue during the recuperating period.
Lost wages include but are not limited to regular pay, commissions, bonuses, overtime pay, self-employment income, and pay earned during personal, sick, and vacation days. The list also includes other employment benefits you enjoyed, like house and car allowances or free meals.
The courts will require proof of the amounts stated in the lawsuit. Some income is easily provable. Others require testimony from an occupational expert or a forensic accountant, for example, in cases where you have to prove you were due for a promotion or a pay increase after a performance review.
Additionally, the jury could also award prejudgement interest, though it is not obligated to do so. Prejudgement interest is the money paid out on the interest a judgment would have earned when you were entitled to receive the money.
- Lost Earning Capacity
In some instances, you could be forced to reduce your working hours and work at a lower-paying job due to injuries sustained in a car crash. Injuries that cause muscle weakness and fatigue, chronic pain, and loss of bodily function significantly impact a person’s ability to generate income as they would have done without the injuries.
Proving lost income is more straightforward than establishing lost earning capacity. The former relies on past income records, while the latter requires testimony from occupational experts and doctors to support the bonuses, income raises, and career development trajectory in your case.
- Property Loss
Property loss encompasses your belongings, car, or structure damaged in the car crash. The courts compensate for the repair costs incurred or expenses incurred to replace the damaged property. The dollar value of the compensation is at fair market value.
Non-Economic Damages
Non-economic damages are also referred to as general damages. The damages compensate victims for subsequent losses suffered because of the accident, and to which it is difficult to attach a dollar value on the loss.
Calculating an exact value of general damages is complex because the loss is not immediately quantifiable, and the loss is subjective. Non-economic damage awards in similar lawsuits often vary because of factors, including the severity of the injury and your attorney’s skill.
Here's a look at the common types of general damages awarded in car accident lawsuits.
- Pain and Suffering
Courts compensate plaintiffs for pain and discomfort suffered during and after a car crash. Both physical and mental pain and suffering are factored in the assessment.
Physical injuries lead to immediate and future pain and suffering. Immediate pain and suffering are easily explainable. On the other hand, future pain and suffering address the long-term discomfort the injuries you suffered could lead to or are currently experiencing after an injury was treated.
Under mental pain and suffering, your attorney will detail the adverse impact the accident had on your mental well-being. Mental pain and suffering include emotional distress, mental anguish, anxiety, humiliation, anger, and fear. On the other hand, victims who experience significant mental pain and suffering could experience depression, rage, mood swings, loss of appetite, sleep disruptions, lack of appetite and a drive for life, sexual dysfunction, and post-traumatic stress disorder (PTSD).
Of importance to the court is that the mental pain and suffering should be a by-product of the physical injuries sustained in the crash or your traumatic experience in the car crash. Therefore, they will consider your suffering in the present and future.
Loss of Enjoyment
Accidents disrupt a victim’s ability to enjoy life as they did before the crash. This disruption could be temporary or permanent. In most cases, car crash victims lose the ability to enjoy exercises, hobbies, recreational activities, and other daily activities of value to their life.
The jury will award you compensation for the loss.
Loss of Consortium
Personal injury lawsuits also consider relationships, which accidents could significantly affect. The compensation falls under the loss of companionship or consortium category. The car crash could cause an injury that hampers your ability to enjoy intimacy with your spouse as you did before the accident. Additionally, the injuries could also compromise your relationship with your children.
Compensatory damages awarded for loss of consortium are therefore awarded to the affected members of your family rather than to you, the plaintiff.
- Punitive Damages
Unlike compensatory damages, where compensation is awarded to compensate plaintiffs for their losses, punitive damages are only issued to punish the defendant for wrongdoing. In this case, the courts will award punitive damages if the at-fault driver’s insurance company acted in bad faith or for egregious conduct.
Neal v. Farmers Ins. Exchange is one example of a successful lawsuit against an insurance company where the California court’s awarded punitive damages.
To receive punitive damages, you must prove that the at-fault driver’s insurance company acted in bad faith and that their conduct was malicious, oppressive, or fraudulent.
In their assessment to determine the value of punitive damages, the jury considers:
- The degree of reprehensibility of the insurance company’s conduct
- Whether there is a relationship between the punitive sum and the plaintiff’s harm
- Whether the punitive sum is adequate in punishing the defendant while discouraging other insurance providers from engaging in similar action
Punitive damages significantly increase the total value of the damages awarded in a case.
Find a Los Angeles Car Accident Attorney Near Me
Having a skilled attorney significantly increases your chances of securing fair compensation for your accident. Skilled attorneys have experience handling personal injury cases, and their input and representation are pivotal in winning the lawsuit. Contact our team of experienced attorneys at Los Angeles Car Accident Attorney at 424-237-3600 for a free case assessment.
