Common Injuries in Car Accidents
Car accidents may result in a serious impact involving some part of the interior of the vehicle, a sudden movement, or the penetration of a foreign object. A serious impact injury may occur if an airbag opens in your chest or another vehicle T-bones your car, crushing the door next to your seat. Penetrating injuries occur when, for example, shattered glass cuts you or an object impales you. One of the most common injuries is a soft tissue injury, which consists of damage to muscles, tendons, or ligaments, usually caused by sudden movement in a different direction. Whiplash is a soft tissue injury, as are some forms of back pain. If you have been hurt because of another driver’s carelessness, you can retain the Los Angeles car accident lawyers at Sharifi Firm for aggressive representation. We can negotiate with insurers and take your case to trial if needed.Pursuing Damages through a Negligence Claim
When you are harmed in a car crash that was someone else's fault, the insurer for the at-fault driver may have preconceived ideas about how long you should take to recover and the reasonable cost of your medical treatment. In some circumstances, this knowledge can be a benefit because a claim in which liability is clear may be settled more quickly. However, in other cases, a plaintiff may take more time or require more treatment than another person with the same injuries.
California follows the eggshell plaintiff rule. California Civil Jury Instruction 3927 provides that, if a plaintiff's pre-existing condition was worsened by the defendant's careless or wrongful conduct, the jury is required to award damages that reasonably and fairly compensate him or her for the effect on the prior condition. In other words, you can potentially still recover your actual damages, even if you suffered from some prior disability or condition that made your recovery from the accident more difficult than that of someone else with the same injury.
To recover compensation, most plaintiffs must establish negligence by a preponderance of the evidence. This is accomplished by showing the defendant's duty of care, the defendant's breach of duty, actual and proximate causation, and actual damages. Each of these elements must be more likely than not to be true.
Damages that may be available when liability is established often include both general and special damages. General damages are noneconomic damages, such as pain and suffering, loss of consortium, and mental anguish. Special damages are relatively objective, economic damages like medical bills, loss of income, loss of earning capacity, household services, property damage, and out-of-pocket expenses.Discuss Your Car Accident Case with a Los Angeles Lawyer
At Sharifi Firm, PLC, our Los Angeles car accident attorneys can help you vigorously pursue compensation for your injuries. In most cases, an insurance adjustor will look for any possible reason to deny or reduce your recovery. Therefore, it is crucial to enlist a motor vehicle collision attorney who understands the typical insurance tactics used to avoid liability. Contact us at 1-866-422-7222 or use our online form to set up a free, no-obligation consultation. We also represent accident victims in Rancho Cucamonga, San Bernardino, Temecula, and Riverside, among other cities throughout Southern California.