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Our Recent Blogs

What is Joint and Several Liability?

During a personal injury claim, you may come across the term ‘joint and several liability.’ It is a legal principle that holds that each individual defendant in a personal injury case can be held individually liable for the entire accident. In California, there are special rules and regulations in place regarding joint and several liability. Below, our Oakland personal injury attorney provides a more comprehensive guide to joint and several liability in California,

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What is A Delta-V in a Car Accident?

A recent report from the National Highway Traffic Safety Administration (NHTSA) found that car accident fatalities hit a 16-year high in the United States in 2021. If you or your loved one is involved in a crash, you need to know how to protect your rights. You may be entitled to financial compensation through a car accident injury claim. One of the concepts to litigating a car accident claim is Delta-V—a scientific formula used to help determine the severity of a crash. In this article, our Oakland car accident attorneys provide an overview of the key things to understand about Delta-V in auto accident claims.

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What Are Economic Damages in a California Lawsuit?

Were you injured in an accident in the Bay Area?

If so, it is imperative that you are able to recover financial compensation that accounts for the complete value of your losses. In California personal injury lawsuits, there are two main categories of damages:

  • Economic damages
  • Non-economic damages

Economic damages are the losses to which a specific dollar figure can be readily ascertained and attached. Here, our Oakland personal injury lawyer explains the key things you should understand about recovering economic damages in a California lawsuit.

Economic Damages in California: Monetary Losses

Under California law (California Civil Code § 1431.2 (b)(1)), the term ‘economic damages’ is defined as “objectively verifiable monetary losses.” Economic damages form the basis of personal injury compensation in California. Some of the most common examples of economic damages include:

  • Property damages (vehicle repairs)
  • Medical bills
  • Long-term medical care
  • Lost wages
  • Diminished earning potential

Notably, economic damages include losses that have already been incurred—medical expenses, missed paychecks, etc—and anticipated future losses. You can recover for likely future losses (ongoing medical care) as part of your economic damages in a personal injury claim.

Your Economic Damages Must Be Thoroughly Documented

To put yourself in the best possible position to maximize your personal injury settlement or verdict, your damages must be properly documented. You will only be able to receive compensation for economic damages if you can prove the validity of those damages. Make sure that you carefully gather and organize all relevant documents, records, and other evidence. Among other things, this may include things like medical bills and wage and income records.

You May Also Be Entitled to Recover for Non-Economic Damages

Economic damages are an important part of personal injury compensation, sometimes even more important than economic damages. In California, non-economic damages are the more serious losses to your person, which are typically left up to a jury to decide with guidance from the lawyers and the court. Some notable non-economic damages in a California personal injury claim include:

  • Pain and suffering
  • Mental anguish
  • Scarring or disfigurement
  • Long-term disability
  • Loss of life enjoyment

What is the Value of Non-Economic Damages?

In a California personal injury claim, economic damages are sometimes used as a basis to help calculate non-economic damages. However, there is no one calculation for non-economic damages. That’s why it’s important to have an experienced injury lawyer who also has an interest in getting to know you and what you’ve been through. It’s best to find a lawyer who has experience at trial and the time and ability to understand what your life is like now (after the injury) so that your situation can be presented to a jury or settlement officer for full and fair compensation. A good personal injury lawyer will know how to educate the jury about your emotional distress and how your life has changed (“on the inside”) because of an injury. Sometimes this is the most important and valuable part of the case, and sometimes it is also the most difficult.

Schedule a Free Consultation With a Bay Area Personal Injury Attorney

At Bracamontes & Vlasak, our California personal injury lawyers are aggressive and experienced advocates for victims and families. We can help you maximize your recovery from economic and non-economic damages. Contact us today to set up a no-cost, no-obligation consultation. Because there is a limited time to file a personal injury claim and secure financial compensation, do not delay in reaching out to Bracamontes & Vlasak.

With offices in Oakland and San Francisco, we provide personal injury representation throughout the Bay Area and California.

What is Post Concussive Syndrome?

Concussions are one of the most common serious injuries reported in the United States. The Centers for Disease Control and Prevention (CDC) reports that approximately 225,000 people are hospitalized for brain injuries each year. The road to a complete physical, mental, and emotional recovery after a serious concussion can be long and daunting.

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33 Tehama Tenants – Legal Recourse

On June 3, 2022, there was a major water leak at 33 Tehama in San Francisco and all tenants were forced to evacuate. There is expected to be substantial property damage and prolonged displacement. BV Law is providing free consultations to displaced tenants about their legal rights and potential legal recourse.

If you are a displaced tenant at 33 Tehama, contact Ryan Vlasak at BV Law for a legal consultation about your options going forward. Call 415.835.6777 today!

What are the Advantages of New California Law Expanding Wrongful Death Damages?

On October 1st, 2021, California Gov. Gavin Newsom signed Senate Bill (SB) 447 into law. The bill allows heirs of a victim to pursue general damages (pain and suffering) through a survival action claim. While eligible family members have always been able to recover general damages for loss of companionship, guidance, and comfort through a wrongful death claim, general damages were previously not recoverable through a survival action claim.

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What is a Traumatic Brain Injury?

Traumatic brain injuries (TBIs) are among the most common serious injuries reported in the United States. According to the Centers for Disease Control and Prevention (CDC), concussions and TBIs are a ‘silent epidemic.’ There are approximately 4.5 million TBIs nationwide each year. Nearly 225,000 brain-injured victims require extended hospitalization and, tragically, 60,000 lose their lives.

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Will a Homeowner’s Policy Cover A Personal Injury on the Property?

In California, property owners and property occupiers have a legal responsibility to ensure that premises are in a reasonably safe condition to avoid personal injury to guests. You may be wondering: What happens if an injury occurs on residential property, does the homeowners’ policy cover the claim?

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California Increased FEHA Claim Statute to Three Years With SHARE Act

The Fair Employment and Housing Act (FEHA) is a California state law that protects employees against workplace discrimination, harassment, and retaliation. For most of its history, FEHA had a strict one-year statute of limitations. Employees had to act quickly to protect their rights.

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Can I Recover Money for Pain and Suffering Without Any Medical Bills?

A serious accident can bring your entire life to a screeching halt. In California, injured victims have the right to seek compensation for economic and non-economic damages from the at-fault party, including for pain and suffering. The terms pain and suffering are explained in the California Civil Jury Instructions (3905A). By definition, pain and suffering is intangible damage. It is meant to cover the real, but hard to define loss associated with physical pain and mental trauma.

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