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Am I Entitled To Compensation?
If you were not at fault for the car crash you may be entitled to compensation. Generally, the person that causes the accident is liable for the damages that ensue. If the other driver was negligent, you may be entitled to damages. However, the burden of proving negligence is on the plaintiff.
Proving Negligence
In California, everyone is financially responsible for their intentional or negligent acts. To prove a negligence claim, plaintiff must prove:
- The other driver owed them a duty of care,
- The driver breached that duty,
- The breach of duty caused the accident, and
- They suffered damages as a result.
If you can show these elements and prove the other driver acted negligently in causing the crash, you may be entitled to damages.
Damages
Generally, an injured plaintiff is entitled to compensatory or actual damages. These damages are for the actual loss suffered including:
- Medical bills,
- Lost wages,
- Lost future earnings,
- Vehicle repairs or replacement,
- Pain and suffering, and
- Compensation for disfigurement.
Under especially egregious circumstances, a court may award a plaintiff punitive damages. Punitive damages go beyond actual damages and are meant to punish the defendant for particularly wrongful actions. Punitive damages are typically awarded at the court’s discretion and will be dependent upon the specific circumstances of the case. Schedule a consultation with one of our attorneys at Silva Injury Law to discuss whether you may be entitled to punitive damages.
