Suffering a catastrophic injury can be devastating. Recovery from these injuries can often take years, and in many cases, a full recovery is impossible. When dealing with a catastrophic injury, the medical expenses can easily become overwhelming. Fortunately, there are often options for recovering compensation to help cover your medical costs and other losses.
At Triumph Law, we have helped accident victims recover millions of dollars in damages. Our team of personal injury lawyers in Sacramento understands the challenges you face and will do everything possible to ensure you recover fair compensation from the liable party. Contact us today through our website or by phone and schedule your free consultation.
Recoverable Damages Following a Personal Injury in Sacramento
If you suffered a catastrophic injury, you will likely be eligible to recover a wide assortment of damages from the liable party. The particular damages you are able to claim will depend on the specific details surrounding your case. Any compensatory damages will be split between the categories of economic and non-economic damages.
All losses resulting from your accident that had a financial impact are categorized as economic damages. The most often available economic damages following a catastrophic injury include:
- Lost wages
- Diminished ability to earn income
- Medical bills
- Future medical expenses
- Property damage
- Modifications to your home or vehicle necessitated by your injuries
Any other losses related to your injury are sorted into the broad category of non-economic damages. The most often available non-economic damages following a catastrophic injury include:
- Emotional distress
- Pain and suffering
- Mental anguish
- Permanent disability
- Loss of companionship
- Scars and disfigurement
- Diminished ability to enjoy life
In a small portion of catastrophic injury cases, recovering punitive damages is also possible. Punitive damages are rarely awarded because they are reserved for cases involving intentional harm or criminal negligence.
Unlike compensatory damages, punitive damages are not awarded as a means of replacing the losses incurred by the accident victim. Instead, punitive damages are meant to serve as a punishment for the liable party for the role they played in causing the catastrophic injury.
Be Sure to File Your Personal Injury Lawsuit Before the Deadline
If you are planning to file a lawsuit to recover compensation after suffering a catastrophic injury, it is critical that you pay attention to the statute of limitations. Under California law, injury victims typically have two years to file the paperwork required to sue the liable party. If this paperwork is not submitted on time, you will likely lose your right to claim damages.
However, you should note that in certain situations, the filing deadline can be altered. In some cases, this will provide you with an opportunity to file a lawsuit even if the usual deadline has long passed. In others, you could find yourself with a significantly smaller window in which to file.
Hiring an experienced Sacramento catastrophic injury attorney soon after your accident is the best way to avoid losing your right to recover damages because of an unexpected deadline. Your lawyer will be able to review the details of your case to determine the exact deadline that applies to your situation.
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California Uses a Pure Negligence Rule
When assessing fault, California uses a pure negligence rule. Under this rule, injury victims have the right to pursue compensation for damages suffered in an accident as long as they were not 100% to blame. However, the amount of money the injury victim can recover will be reduced proportionately to their fault level.
For example, if you suffered a catastrophic injury where you were 70% at fault, you could only claim 30% of the full value of your damages. In this situation, if your case was worth $100,000, you will only be eligible to receive $30,000 if you win.
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The Insurance Company Is Not There to Help You
When dealing with an insurance company after suffering a catastrophic injury, you need to understand that they are not on your side. While these companies do everything they can to convince accident victims that they are the friendly neighbor ready to help in whatever way possible, the truth is that these companies only care about protecting their bottom line.
Insurers will go to great lengths to convince you that they are trying to help in an attempt to get you to lower your guard. If successful, they are likely to make a settlement offer that is for far less than the total value of your claim. Their hope is that you will accept this settlement deal without consulting an attorney.
If you end up taking the deal, you will be unable to pursue further compensation once the full value of your claim has become apparent. Hiring an experienced catastrophic injury attorney is the best way to protect yourself against this and other tricks insurers will attempt to use against you.
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Schedule a Free Case Evaluation With an Experienced Personal Injury Lawyer in Sacramento Today
When pursuing compensation after a catastrophic injury, hiring an experienced catastrophic injury attorney is the best way to help your case. It is essential to choose a lawyer with a history of representing clients in cases similar to yours and a track record of securing favorable compensation for their clients.
At Triumph Law, we have a long history of helping accident victims secure the compensation they need and deserve, both through out-of-court settlements and court-ordered payouts. Contact us today by phone or through our website to schedule a free case review with one of our catastrophic injury attorneys in Sacramento.
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