Spouse of Injured Victim May Have a Claim for Loss of Family Relationship
A husband or wife of an injured victim can seek compensation based on a claim for loss of consortium. Loss of consortium is a legal term that means the loss of benefits of a family relationship due to injuries caused by someone else. A spouse can make a claim that he or she has lost the injured spouse’s companionship and services due to the injury caused by the at fault parties. California Civil Jury Instruction No. 3920 defines the damages available in a loss of consortium claim as: Loss of love and companionship; Loss of comfort and care; Loss of assistance and protection; Loss of affection, society, and moral support; and Loss of enjoyment of sexual relations.(or the ability to have children)
A spouse claiming loss of consortium can demand compensation for past harm, and for harm he or she is reasonably certain to suffer in the future. There is no set standard for deciding the amount of compensation. The amount of money received by the spouse can be negotiated by an attorney, or determined by a jury if the case goes to trial. Claims for loss of consortium are unique and can be difficult to obtain compensation if not handled correctly.
California Uses Pure Comparative Negligence in Pedestrian Accidents
Pure comparative negligence, also known as pure comparative fault, is a system in which each party is responsible for his or her percentage of fault. An injured party can obtain financial compensation even if he or she is partially at fault. The amount of money damages an injured party can recover will be reduced according to his or her percentage of fault.
For example, an elderly woman is walking through the crosswalk of a Carlsbad intersection when the pedestrian crossing light changes from a flashing hand signal to a solid hand. The traffic light turns green and a speeding vehicle drives through the intersection without slowing down for the pedestrian. The vehicle hits and injuries the pedestrian. The driver and the pedestrian could both be partially at fault for the accident.
Under the pure comparative fault standard, the amount of damages each party could recover would be reduced by their percentage of fault. If it was determined that the elderly pedestrian in this example was 10% at fault, she could still recover up to 90% of her damages. If injured, the speeding driver could recover up to 10% of his or her damages. There is no set standard to determine fault in a pedestrian accident. An experienced attorney can assist in eliminating or reducing the fault of an injured pedestrian.
California’s Statute of Limitations on Pedestrian Accident Cases
A statute of limitations outlines the specific time a person has to file a personal injury lawsuit, including pedestrian accident claims. California’s statute of limitations gives injury victims two (2) years from the date of the incident to file a claim. If the deadline to file is missed, the victim is precluded from filing a lawsuit and will no longer be able to pursue compensation for his or her injuries through the legal system.
The same statute of limitations applies if the victim dies as a result of his or her injuries. The victim’s survivors will be precluded from filing a wrongful death case if more than two years pass after the date of the incident.
Get the Help of a Dedicated Attorney Following a Pedestrian Accident
Injuries from a pedestrian accident can lead to a lifetime of pain, emotional distress, and economic difficulties. It is important to have an experienced lawyer in your corner to obtain fair compensation following an accident. Obtain the support of a qualified attorney who will aggressively advocate for you.
The pedestrian injury lawyers at Savage Law in Carlsbad, CA are passionate about helping injured men, women, and children recover from their injuries and receive maximum compensation for their damages. Savage Law understands that handling an injury claim can be very frustrating to people who are dealing with medical treatment and pain from their injuries. The attorneys at Savage Law maintain constant communication with clients and the at fault party’s representative to resolve injury claims without unnecessary delay. Call or contact us now to schedule a free consultation with an attorney today.