Wrongful Death Attorney - A brief overview of accident law

PROOF OF DAMAGES
Negligence of the other party is not enough. The negligence must have damaged you. As a Southern California tractor trailer accident attorney / auto accident lawyer I once had a potential client describe his accident. He was driving a mountain road and, as he turned the corner, a car was approaching head-on in the wrong lane. The approaching vehicle was out of control and spinning around. My potential client's car was "T-boned" (hit directly in the side) and his vehicle was cut completely in half. Further, the driver of the offending vehicle was drunk. A good liability case? You bet! But when I ask my potential client about his injuries, he said he wasn't injured. He did not have a scratch on him! He even said he had no emotional distress. I declined to accept being his personal injury attorney. We could have easily obtained a negligence verdict from any jury. But the same jury would be unable to award any money for personal injury because there was none. (The other party's insurance company, of course, accepted liability for property damage).

Conversely, minor impacts can create major injuries. One of my clients was rear-ended. There was only $600.00 damage to his vehicle. But he was stopped and his elbow was resting against the handle for rolling the window up. (He had an old car; no electric windows). The minor impact caused his elbow to come in contact with the window roller such that he was struck in the nerve and sustained permanent nerve damage to his elbow. The case settled for the policy limits of $50,000!
Burn injuries frequently command the highest recovery; while slip and fall cases command the lowest recovery.

A California / Sacramento tractor trailer accident lawyer / auto accident attorney will advise you that, in a personal injury case, an injured party, upon proof of negligence, is entitled to recovery for the following:

Non-Fatal Injury
1. Medical Expenses
a. Past Medical Expenses
b. Future Medical Expenses

2. Loss of Earnings

3. Loss or Impairment of Future Earning Capacity

4. Physical Pain, Disability, and Mental Suffering
(Including Loss of Capacity to Enjoy Normal Life)

Loss of Consortium
The spouse of an injured party is entitled to:
1. Any loss of the spouse's love, companionship, comfort, affection, society, solace or moral support;

2. Any loss of enjoyment of sexual relations or ability to have children

3. Any loss of the spouse's physical assistance in the operation and maintenance of the home.