What You Need to Know About What You Can Sue for in a Car Accident Lawsuit
After a car accident, it is possible to sue the at-fault party for all damages from the accident. Here is what you need to know about what you can sue for in a car accident lawsuit.
Individuals involved in a car accident can sue for both personal damages and property damage. When pursuing a personal injury claim for damages in California, an individual must file suit against the at-fault party within two years from the date of the accident. When filing a claim for property damage, on the other hand, individuals have up to three years to bring their claim to court.
Related: California Statute of Limitations for a Car Accident Lawsuit
Personal Injury Damages
The value of a personal injury case is determined by considering the variety of damages sustained from the accident. The different damages that an individual can sue for in a personal injury claim can each play a specific role in determining the value of the car accident claim.
Related: Types of Damages in a Personal Injury Lawsuit
Obligations of the responsible party
- The responsible party is responsible to pay for all past and future medical bills related to the injuries sustained in the car accident. This includes medical expenses as well as the cost of future treatment expenses, including but not limited to surgeries, medicine, and rehabilitation.
- The responsible party can also be responsible for current and future loss of earnings. It is important to detail any past or future loss of earnings to ensure the best settlement possible.
- The responsible party may have to compensate the injured party for pain and suffering. This can be difficult to quantify without an attorney. It is important to hire an experienced attorney to quantify pain and suffering, as this may be the largest factor contributing to the value of one’s personal injury claim.
Personal Property Damages
As stated above, an individual has 3 years to file a claim for property damages obtained in a car accident in the State of California. Property damages regarding a car accident that an individual can sue for can include:
- Vehicle repair or replacement costs
- Loss of the use of property
- The cost of public transportation
- The cost of a rental vehicle
Even if an individual involved in an accident only sustained property damages, it still may be important to hire a personal injury attorney if the individual also experiences emotional distress, post-traumatic stress disorder (PTSD), or recurrent nightmares involving the accident.
FAQs About What You Can Sue for in a Car Accident Lawsuit
How is pain and suffering calculated as the result of a car accident?
One method that is used for calculating pain and suffering is to demand a certain dollar amount for every day an individual has to live with the pain caused by the accident. It may be difficult to justify the daily rate used.
The most common way to calculate pain and suffering is to add up all of one’s calculable economic losses and multiply that by 1.5-5. The number you multiply it by will depend on the factors relating to your specific case.
What is the typical payout for pain and suffering?
The pain and suffering payout is usually around $15,000, however, it depends on the severity of the damages for each case.
Contact Us
If you or a loved one have any more questions about what you can sue for in a car accident lawsuit, contact us. Get your free consultation with one of our California Personal Injury Attorneys today!