What Does It Mean to Make a Victim “Whole Again” in California

When you suffer a personal bodily injury, especially the kind causes by someone else’s negligence or recklessness, the law is designed to help you become “whole again” or as close to it as possible. Legally, what this means is: you are entitled to compensation for all your economic and non-economic and if you area awarded the full amount, the law suggests you have been made whole again. But in real terms, most persons who suffer personal injuries are never really whole again. Here’s what you should know about being whole again in the State of California after you suffer a personal injury caused by another person.

Being Made Whole Again Legally in California after a Personal Injury Accident

As mentioned, according to the law, you are legally made whole again if you recover all your economic expenses and non-economic damages. Economically, this includes things like:

  • Lost wages
  • Medical expenses
  • Future medical expenses
  • Loss of earned capability
  • Future loss of wages and benefits
  • Some household services
  • Out-of-pocket expenses, like prescription medication or wheelchairs
  • Burial and funeral expenses (in cases of wrongful death).

Non-economically, this means recovering monetarily for your pain and suffering, loss of consortium, mental anguish, and other abstract and not easily quantifiable damages.

When you have been recompensed for proven damages in their monetary form, the law deems you whole again. This, however, is far from the whole truth. For many of you, you will never physically be whole again. Likewise, many of you will never be emotionally or mentally whole again. Some accidents take a serious and deep toll on the lives of victims (and the families and friends), and some things money simply cannot bring back so as to make you whole again.

Being Made Whole Again Physically in California after a Personal Injury Accident

When the accident is a minor one in nature, bodily injuries will usually heal without much hassle. If you have a treatment plan, you should always follow it to ensure your injuries heal properly and as soon as possible. For some of you, though, the accident may have been severe, and these accidents can be caused by:

Injuries like head trauma, spinal cord, amputations, or multiple bone fractures can lead to life-long complications and can even be life-threatening. What was once normal will no longer be normal again for you, meaning you will not actually physically be made whole again. You may have been compensated for these injuries by being compensated for loss of future earnings and long-term medical care, but you will have to learn to live your life in a different way. Money can’t change that.

Being Made Whole Again Emotionally & Mentally in California after a Personal Injury Accident

The emotion and mental aspect of a personal injury is just as problematic as serious injuries. If you have suffered head trauma, spinal cord injury, an amputation, or some kind of disfigurement, then your pain and suffering will be long-term. Flowing from that pain and suffering is the materialization of emotional distress and mental anguish. Depression can be destabilizing. Depression can alter your life in many different ways, all of which are to your detriment and to the detriment of your family and friends.

In many ways, being made whole again is dependent on your emotional and mental well-being. Without the latter, you will never be whole again.

The Role of a Personal Injury Attorney & Being Made Whole Again

As you may know, money cannot make you whole again necessarily, but it can help. The important issue is making sure you have an attorney who fights for you and doesn’t settle for a settlement not in your favor. The compensation must consider all that you have been through and all that you may go through.

At The Ledger Law Firm, our personal injury legal team at the Newport Beach and Rancho Mirage offices are here to fight for you. We can empathize with your pain and will do all within the law to help you get back to being whole as much as possible. Contact our office today to learn more about our approach to representing our clients and their personal injury claims. 

How Do I Get Compensated after an Uber Accident?

Getting compensated for property damage and/or bodily injuries after an accident with an Uber driver should be relatively easy. You would believe the same if you consider Uber’s own instructions in case of an accident. Uber offers three steps toward compensation:

  • Make sure all parties in the accident are safe.
  • Contact the police and/or paramedics.
  • Contact Uber.

Uber states that it is “committed to the safety of everyone using Uber,” but it falls short stating it is committed to full and fair compensation. Further, Uber instructs persons in the accident to disclose on its app what happened, by instructing users to “Head to trip Issues and Fare adjustments > I was in an accident.”In the latter section of its app, you are supposed to describe what happened.

If the accident was relatively simple and no injuries resulted, but some very minor property damage at most, then this approach to obtaining compensation may be absent of any harm to you. But, regardless if you are the Uber driver, another driver, a passenger, a pedestrian, a bicyclist, or another person affected by the accident, it is probably in your best interests not to provide your side of the story in Uber’s app. What you write or say to Uber can be used against you — and they will use it as much as they can to their advantage.

If not following Uber’s instructions, what should you do to get compensated after an Uber accident? Below is a brief outline of what to do.

1. Get driver and insurance details from all parties.

Always get driver and insurance details from all relevant parties of an auto accident. This is true regardless of who caused the accident and who you are, i.e., the Uber driver, the passenger, another motorist, etc. Get information. In fact, it is the law for each driver to provide the information. You can use your phone to photograph the insurance paper, driver’s license, and the license plate.

If you are in no condition to obtain this information due to injuries, then you can retrieve the police report later. In the latter report, details of the same should be provided.

2. Get any available evidence.

At the scene of the accident, take pictures, and take lots of them. You want to be sure to get different angles of the vehicles, including close-ups. Also, take pictures of the scene of the accident and the environment or conditions of the road. If there are any witnesses, be sure to take their names and contact info in the least. If time permits, record on your phone their statements of what they saw. If you were unable to take pictures due to injury, then again, you may have to rely on the police report.

After the scene, be sure to collect all medical records, including bills and treatment plans.

Evidence will be key to causation and liability, necessary elements to prove for your Uber accident personal injury claim.  

3. Contact your insurance company.

Once you are able to, contact your insurance company. You may have coverage that can help you pay your expenses while you wait for a settlement offer or trial. Depending on if you are one of the drivers, you may also be required to make a statement to your insurance company.  

Remember: you are not required to make a statement to any other auto insurer but your own. You are also not required to contact Uber via online or by phone to provide a statement. It is in your best interests not to do so, too, especially not to do so without representation by an attorney who knows your case and knows how to handle auto insurers.

4. Contact an experienced Uber accident attorney.

Uber accidents are always a little more complex than an accident between two “regular” motorists because you may have to deal with a third party: Uber. And Uber does not want to payout, just like insurance companies do not want to pay out. They will do what they can to limit or reduce compensation. Only an experienced attorney can best help you make sure you are paid for all your economic and non-economic expenses.

At Ledge Law Firm, our personal injury attorneys in California and Washington will review your case during a free initial consultation and outline your options for you. You can then make an informed decision about how to proceed. Contact us today to get started.

For More Details: The Ledger Law Firm

Phone: 800-300-0001