Damages After a Spinal Cord Injury
Once negligence is established, the jury will react to the evidence our attorneys present to determine compensation. Damage awards are economic if a dollar amount can be determined, and non-economic when that amount is determined subjectively. Economic damages include current and future medical care associated with accident injuries, lost wages, property damage, and additions to a home or vehicle that address the disability. Non-economic damages include emotional trauma from living with a permanent disability, loss of consortium, and loss of the enjoyment of life.
Punitive damages, meant to punish the defendant for especially egregious behavior according to California Civil Code § 3294, could also be awarded if our Bakersfield lawyer pleads them separately in a spinal cord injury case. The injured party must prove the defendant acted maliciously or fraudulently.
Damages When Both Parties are Responsible
When both parties harbor some guilt for an accident that injures one of them, California abides by the doctrine of pure comparative fault. The jury will determine each party’s percentage of fault for an accident, and the injured person’s damages award will coincide with the defendant’s percentage, even if the plaintiff is 99 percent responsible. Our attorneys could help you understand how sharing fault might affect an accident settlement.
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