A reckless driver is anyone who drives a vehicle in willful or wanton disregard for the safety of persons or property, or using a car to run from any law enforcement officer. If you faced an accident in California and got injured, then you can contact Krasney Law for legal help with recovering damages.
Injuries in An Accident
In an accident, you could have suffered no injuries, minor injuries, or you could even experience some catastrophic injuries; it will entirely depend on the circumstances of the accident. Factors include how you were hit, at what speed you and the other person were traveling, the size of your vehicle, and the size of the other person’s car. Another factor is whether more than two cars are involved. There are many types of injuries. These injuries may be on skin, muscles, or bones. Injuries in the skin are cuts, scrapes, abrasions, and bruises, etc. Injuries in the muscles are strains, sprains, and pulled muscles, etc. Injuries in the bones are fractured, compound fractures, dislocated joints, etc. There can also be burns, head, brain, spine, back or neck injuries, the loss of limbs, paralysis, or even death.
Damages From The Accident
When you are injured in an accident, three types of damages are available to you: economic damages, non-economic damages, and punitive damages. Economic damages are often referred to as special damages, and non-economic damages are commonly referred to as general damages. Punitive damages are only awarded in certain circumstances.
Special damages have a set amount of money, that is why it is called economic damages. Economic damages may include medical expenses for injuries related to the accident, physical and occupational therapy, psychological therapy. additional accessories, including crutches, braces, casts, and wheelchairs. In-home services, medical expenses for injuries or conditions that are exacerbated because of the accident, lost wages, replacement or repair of personal property, future medical expenses including additional surgeries, medical care, physical therapy, occupational therapy, and psychological therapy; and future lost wages also categorize as economic damages. Future medical expenses and future lost wages may sometimes be categorized as non-economic damages. While they do have a specific dollar amount attached to them, that amount is unknown. Insurance companies use a formula to determine what future lost wages and medical expenses may be depending on the type of injuries that you are suffering.
General damages do not have a set dollar amount to them and are only awarded for long-term or permanent injuries. In most cases, the injuries must be expected to last longer than a year. Non-economic damages may include loss of companionship if you are not able to enjoy doing things with your family that you once enjoyed, such as outings or attending your children’s extracurricular activities.
You must also claim other injuries for your spouse to claim loss of companionship. If you are no longer able to have a physical relationship with your spouse because of injuries suffered in the accident, you must claim loss of consortium. As with loss of companionship, you must claim your injuries for your spouse to claim loss of consortium. Other losses include the loss of a limb or the loss of the use of a limb that was fully functional; the loss of a sense, such as your eyesight; inconvenience if you are not able to do regular tasks around the house, such as mowing the lawn, cooking, cleaning, and home and property maintenance, and must hire someone to do the jobs you used to do.
Because insurance companies and attorneys estimate how long you will be out based on the type of injuries you are suffering from, be sure to document all injuries and treatments for your attorney, including injuries that were existing but were exacerbated by your new injuries. You could easily come up short if the insurance company estimates a particular type of injury heals sooner than it will heal.
This type of damage is only awarded to the plaintiff if the defendant is found to be grossly negligent. In many cases, someone who is driving recklessly is found to be grossly negligent. Generally, a court must order punitive damages. This type of award is not part of a settlement. Even if the defendant does not receive a citation for reckless driving, the court may still find that the defendant was grossly negligent and could still award punitive damages.