Maison Law can answer any question you might have about the personal injury case process in California. This doesn’t stop at the legal process. If you owe child support in California, you’re probably familiar with how your income can be garnished. But you might be wondering if this applies to a personal injury settlement. Our team can help you through this situation, and answer your questions. Contact us today for a free consultation.
Will Your Personal Injury Settlement Be Garnished in California?
When you get a settlement for a personal injury case, it’s often a boon to your finances. One of the toughest parts about getting hurt isn’t just the physical pain, but the fact that you have bills and other expenses on top of what you normally do.
For people with children–specifically those with child support payments–expenses are a part of your daily life. In California, child support can only be garnished when:
- There’s a court order
- Both parents agree to a schedule outside of court intervention.
So then, as it relates to money you receive from your personal injury settlement, it can only be garnished if you owe back payments. Other than that, settlements are generally safe from being taken or garnished.
But again, everything is dependent on the situation. So, if you pay child support, it’s in your best interest to get the most out of the claims process so you can not only take care of your children, but take of yourself.
What Damages Are Available in a Personal Injury Case in California?
Regardless of the type of accident you’re in, it’s likely you’re facing injuries. This means a few things, namely that you have medical bills and other losses you have to deal with. But it also gives you certain legal options. Namely, you get to file an injury claim–either an insurance claim or lawsuit–to recover “damages.”
These damages are going to relate specifically to your particular accident, injuries, and losses. But generally, they include:
- Medical expenses – This includes all costs for medical treatment and ongoing care needed due to the injury.
- Lost wages -This covers the income you lost because of the injury, including any future earnings you might miss out on.
- Property damage – This includes costs to repair or replace damaged property, such as vehicles or personal items like your phone.
- Pain and suffering – This covers the physical pain and discomfort you experience from the injury.
- Emotional distress – This includes the psychological or emotional trauma caused by the accident.
- Loss of enjoyment of life – This involves any reduction in your quality of life, especially in activities you used to enjoy.
- Loss of companionship – This addresses financial impacts from strained relationships and the loss of support from loved ones.
These are the damages that are going to be available to you when you file a claim, but part of the legal process is how strong you present your case. This is what will ultimately determine how much you get in a settlement. But there’s another hugely important part of a claim–who has to pay for your damages.
Who Pays For Your Damages in a California Personal Injury Claim?
A key part of your claim is figuring out who is legally responsible for paying for your damages. This depends on the specific circumstances of your accident, but usually involves proving “negligence.” To establish negligence, you need to show:
- Someone had a legal duty to keep you and others safe
- They failed in that duty
- This failure caused the accident
- The accident was the direct cause of your injuries and other losses
Again, part of proving negligence is showing that you were injured or suffered damages. This includes getting and presenting things like:
- Medical records
- Receipts
- Repair estimates
- Records of mental or emotional care
Once you establish negligence, you can identify who your claim is against. This could be:
- Other drivers
- Pedestrians or passengers
- Property owners or managers
- Product manufacturers
- Local governments
How Can You Strengthen a Claim?
While figuring out liability is important, it’s even more important to do the right things after the accident to protect and strengthen your claim. So, here’s what you need to do:
- Try to stay calm and take deep breaths to collect yourself.
- Look at yourself and others for injuries. Call 911 for an ambulance right away if you’re injured.
- If it’s safe, move to a safer place. If moving could cause more harm, stay where you are until help arrives.
- Your health is most important. Get medical care at the scene, then go to a hospital or urgent care to treat any injuries.
- Call local law enforcement or authorities about the accident and wait for them to arrive.
- Gather details from everyone involved. Note the accident location, time, vehicle and product information, and any other useful facts.
- Don’t repair or replace damaged personal items. Take photos or videos of the scene, injuries, and any damage.
- Stick to your healthcare provider’s advice and attend all follow-up appointments. Skipping treatment could harm your health and affect your claim.
Every accident is unique, so some steps may not apply. But following these guidelines can help protect your health and support your claim. This will also help you get the most out of your claim and settlement.
Maison Law Can Help Injury Victims in California
When you get hurt in an accident in California, having the team of Maison Law behind you can be a huge help. Our team understands what you’re going through, and can help you not only get a fair settlement, but make sure you get the most out of any claim you can make. To get the recovery process started, contact us today for a free consultation.
