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San Jose CA personal injury lost wages attorneyIf you have been injured in a car crash caused by another driver’s negligence, one of your biggest concerns is likely recovering compensation for your medical bills. However, depending on the situation and the severity of your injuries, you may have other financial concerns as well, not the least of which are your lost earnings from any missed work time due to your accident. Fortunately, lost wages in both the past and future are included in the economic damages that you may pursue in a personal injury lawsuit.

Compensation for Lost Earnings and Earning Capacity

There are two primary reasons why you may lose income in the aftermath of a car accident injury. The first is missed time from work during your treatment and recovery. For relatively minor injuries, this could be limited to a couple of days in the hospital, but if your injuries are severe, your recovery may extend for several weeks during which you are unable to perform your usual work tasks.

The second reason is a decrease in your earning capacity due to a long-term or permanent disability caused by a catastrophic injury. In this case, your anticipated losses may continue long after the time it takes to resolve your personal injury case, so it is important to consider the full amount you expect to lose over time.

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San Jose CA personal injury attorneyIf you have been injured in a car crash or any other accident, the financial costs can be high due to medical bills, property damage, missed time from work, and other expenses. A personal injury claim can often help you recover compensation for these economic damages if your injuries were caused by the negligence of another party. However, in some cases, the economic damages may not fully reflect the impact of your injuries on your life, and it may be worth working with your attorney to pursue further compensation for non-economic damages.

Examples of Non-Economic Damages

The purpose of non-economic damages is to provide compensation for losses due to injury that are not easy to quantify. Often, these losses are related to your mental state or your personal life. Some reasons to pursue compensation for non-economic damages include:

  • Pain and suffering: While economic damages can cover the cost of medical treatment for your injuries, non-economic damages consider the effects of chronic pain on your day-to-day life.

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Santa Clara County personal injury attorney

The National Highway Traffic Safety Administration (NHTSA) reports that approximately 90 percent of vehicle occupants in recent years use a seat belt and that seat belts save almost 15,000 lives each year. However, failing to wear a seat belt is still a significant factor in many vehicle-related deaths, as 47 percent of people killed in vehicle accidents in 2017 were not wearing a seat belt at the time. Even if you survive a car accident in which you were not wearing a seat belt, you may experience serious injuries resulting in costly medical expenses and a lasting impact on your quality of life. Furthermore, your failure to wear a seat belt may actually result in less compensation in a personal injury case.

How Do California Seat Belt Laws Affect Negligence?

California law requires vehicle occupants to wear a seat belt under most circumstances in recognition that doing so is the most effective way to save lives in the event of an accident. If you are wearing a seat belt and driving responsibly and you are involved in an accident caused by another driver’s negligence, you may be able to reduce or avoid serious injuries entirely. If you are seriously injured under these circumstances, you can make a strong claim that the other driver was completely at fault for the accident and seek full compensation for any damages resulting from your injuries.

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San Jose personal injury attorneysIf you are like most people, you probably think of Memorial Day as the official beginning of summer activities. You may enjoy a cookout or day at the lake to commemorate the holiday, or you may simply enjoy the long weekend at home with your family. Whatever your Memorial Day plans, you should know that the risk of being a car accident or boat accident will be higher than normal during the holiday weekend.

Car Accidents Increase During Holidays

Memorial Day is considered one of the most dangerous days to be on the road for several reasons. For many, the holiday would not be complete without a summer cocktail or cold beer. Unfortunately, some people underestimate the amount of alcohol they are consuming and end up intoxicated behind the wheel. Drunk driving accidents peak during holidays such as Memorial Day. During the 2016 Memorial Day weekend, 36 percent of fatal car accidents involved a driver impaired by alcohol. Drugged driving is also a serious concern. People under the influence of cannabis, prescription drugs, or other substances may experience delayed reaction time and other effects that make them more likely to cause an accident. If you are planning to be on the roads during the upcoming holiday, make sure to be extra vigilant for drivers who are impaired by drugs or alcohol.

Boating Accidents Are Often Taken Too Lightly

Nothing beats the feeling of cruising around in a boat. Unfortunately, boating can be a risky activity. Each year, hundreds of people lose their lives in boating accidents, and thousands more are injured. Alcohol use is also a leading contributing factor in serious boat accidents. People who would never consider driving drunk justify boating under the influence of alcohol because they mistakenly believe that it is not as dangerous. Operator inexperience, operator inattention, excessive speed, improper lookout, and machinery failure are also top contributing factors in boat accidents.

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San Jose personal injury attorneysMany people do not realize that many physical injuries also cause serious mental injuries. A person who is involved in a brutal car accident may experience extreme anxiety and fear for months or even years after the accident. An individual who is hurt in an attack caused by negligent security may experience flashbacks and nightmares of the incident that leave him or her unable to live a normal life. If you have been involved in a serious accident and are now suffering psychological symptoms as a result, you may be able to get compensation for these mental injuries through a personal injury lawsuit.

Post-Traumatic Stress Disorder

One of the most common types of mental injuries that a person involved in an injury-causing incident can develop is post-traumatic stress disorder (PTSD). The symptoms of PTSD include flashbacks, nightmares, emotional numbness, insomnia, problems with concentration, being easily startled, and more. A person suffering from PTSD may go out of his or her way to avoid activities or places that remind him or her of the traumatic experience. Someone involved in a car accident may find it hard to even ride in a vehicle let alone drive after the incident. The symptoms of PTSD can dramatically affect a person’s ability to function normally.

Proving Mental Pain and Suffering

Unlike most physical injuries, a mental injury is not obviously evident. It can be challenging to prove the extent of mental anguish a person suffers because of an accident. Getting a formal diagnosis from a mental professional can significantly strengthen your case. If you have experienced stress, anxiety, depression, or PTSD symptoms after an accident caused by another’s negligence, you may be able to get compensation for these symptoms. A personal injury lawyer experienced in pursuing noneconomic damages such as these is essential in bringing a personal injury claim.

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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.

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John J. Garvey, III
10 Almaden Blvd, #1220
San Jose, CA 95113
Phone
408-293-7777
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