The failure of someone to act as a reasonable person would under similar circumstances when it was foreseeable that his or her conduct could cause injury to another. This requires people and businesses to use reasonable care in the management of their property, vehicles, animals, actions and business operations.Noneconomic Damages –
Include pain and suffering, disability, disfigurement, loss of use, humiliation, mental anguish, loss of love, support and companionship, and emotional distress. These damages are more difficult to calculate and, many times, exceed the value of the economic damages. They are called noneconomic damages because they do not represent out-of-pocket losses. Although they are called noneconomic damages, money is paid to compensate people who have suffered these injuries. There is no fixed standard or method of calculating these damages; they vary by individual and case and are often referred to as subjective damages because they differ according to each individual's personal/subjective experience.Personal Injury –
When someone is hurt or killed because of the fault of another person or entity.
Someone who claims harm and who brings a lawsuit seeking to show someone else, the defendant, is liable (at fault) and responsible for the damages. In a personal injury action, the plaintiff is the person who has been hurt. In an employment discrimination/harassment action, he or she is the person who has been fired, harassed or denied accommodation, or whose rights have otherwise been violated. In a medical malpractice case, the plaintiff is the patient who has suffered damages as a result of a health care provider's negligence.Professional Liability Insurance –
This is insurance that is purchased by doctors, hospitals, lawyers, accountants, engineers, etc., in case they are negligent in conducting their professional affairs and their negligence causes damages.
Proposition 213 –
In California, if you are injured in an automobile collision and you are the driver of a car, your damages may be limited, depending on whether there was insurance on the vehicle you were driving at the time of the collision. If you did not have insurance on the vehicle, you are entitled to recover only economic damages. You can't recover noneconomic damages such as pain and suffering. If you are a passenger in a vehicle that is not covered by insurance, you are entitled to economic and noneconomic damages. The insurance companies lobbied for this law in 1996 (Prop 213) as part of a proposition designed to save them money by depriving people, injured through no fault of their own, of recovery because of their status as uninsured motorists.Punitive Damages –
Damages that are awarded when the wrongdoer has acted in a way that is considered vile, contemptible and/or despicable to members of normal society. The conduct must be fraudulent, oppressive or malicious. Fraud is deceitful conduct designed to mislead someone. People are oppressive and/or malicious under the law when they act unlawfully to deprive others of their legal rights or when they act in a conscious disregard of the rights and safety of another. These damages are in addition to the economic and noneconomic damages that are designed to make an injured party whole, as much as money can do so. They are a penalty to discourage bad behavior. They must have some rational relation to the underlying economic and noneconomic damages.Settlement –
An agreement reached between parties in a dispute. This ends a controversy, often without going through a trial, by spelling out the terms agreed to by the parties.
Statute of Limitations – The law requires that if you believe you have been harmed by the wrongful conduct of another, you must bring a lawsuit within a limited period. This is called a statute of limitations. Failure to bring a lawsuit or take the required legal action, such as filing a claim where required with an administrative government agency, may eliminate your right to recover damages if someone is liable.
Towing and Rental Car Coverage –
Your insurance may provide for a rental car while your car is being repaired. Likewise, it may provide for towing reimbursement. Check with your agent. If it does not, you may seek to have the defendant's insurance provide you with a rental car while your car is being repaired. They do not always provide this service. If you rent a car, you can claim that cost as an element of your damages during the period your car is being repaired, or, if it is totaled, until the insurance company has evaluated your car and provided you a check for fair market value.Uninsured (UM)/Underinsured Motorist (UIM) –
Because many drivers carry the minimum insurance or none at all, you can purchase uninsured and/or underinsured motorist coverage on your automobile policy to protect yourself if you are injured by the negligence of another. If you refuse this insurance when you buy a policy, the insurance company needs to have a piece of paper that proves you have rejected this coverage. Otherwise, you are entitled to the protection provided. This allows you to have your damages paid for, including pain and suffering, by your own insurance company if the person who hits you has no insurance or less insurance than you do. This is true even if you have some fault in the collision.
Wage Loss –
If someone is killed or injured because of the wrongful act of another or is denied promotion or fired wrongfully, that person or his or her family may be entitled to recover wage loss as part of damages. This includes the loss of past income that has been lost or reduced as well as future income that is reasonably certain to be lost or reduced in the future.
Workers' Compensation Insurance –
This is insurance that is required under the law, by all businesses, to provide compensation to workers injured on the job. This type of insurance does not require that you prove anyone was negligent. It is no fault, meaning no one needs to be shown to be at fault for you to recover. If you are injured on the job, you are entitled to compensation for your medical bills and lost wages. You are not entitled to noneconomic damages such as pain and suffering.Wrongful Death –
When someone is killed by the wrongful conduct of another person or legal entity.