Despite the numerous interventions put in place by the authorities, car accidents still occur. You may feel frightened and overwhelmed if you have been in a car accident. You may also find yourself feeling bitter and confused about what to do next.
If you believe that someone else is at fault for the crash, your best course of action may be to pursue a car accident claim. Car accident claims are designed to help individuals recover losses stemming from an accident.
It is important that you seek medical attention as soon as possible and talk to an experienced car accident attorney.
Your lawyer can help determine the damages available to you and advise on the best legal strategies to pursue your case.
This article discusses some of the damages that may be recoverable in a car accident claim. Read on to learn more:
The most common type of damage awarded to victims involved in car accidents is compensation for medical bills resulting from the incident.
These may include hospitalization costs, ambulance fees, medication expenses, physical therapy treatments, surgeries, and other medical costs related to the injury.
However, you must prove that your medical expense was a direct result of the car accident and provide evidence, such as medical reports and bills to back it up.
Sometimes, you may need a medical expert to testify to your injuries and their costs.
When you are involved in a car accident, you may incur different forms of property damage. Your car may be damaged and require repairs, or you may have lost personal items during the crash.
When a car crash results in this type of loss, you can file a claim seeking compensation for property damage.
A property damage claim is usually handled separately from a bodily injury or wrongful death claim.
In this case, the car accident victim will seek to recover from the at-fault party’s insurance the cost of repairing or replacing the car if it has been declared a total loss.
You can prove property damage through clear photographs of your car at the accident scene, photographs of any other property damage that may have occurred, and witness statements.
If you take your vehicle to an auto repair shop after the accident, the car accident claim must include the bill incurred for the repairs.
Therefore, keeping records of the repair cost incurred is essential to help calculate the accurate compensation amount.
If your car has been totaled, sources such as Kelly Blue Book can help you determine the fair market value of your car in its pre-accident condition.
Lost Wages & Loss of Earning Capacity
Accidents can cause considerable disruption to a person’s career and financial stability. If you had to take time off work due to the crash, you might be eligible to recover lost wages.
This includes any income that has been foregone as well as future earnings if you cannot return to work or your ability to earn has been diminished.
If you can prove that the accident caused a significant decrease in your earning capacity, you may also be eligible for damages related to loss of future earning potential.
This is especially true if you have suffered a permanent injury from the crash.
Pain & Suffering
Pain and suffering is a type of non-economic damages that may be awarded in a car accident claim. This covers physical, mental, and emotional distress suffered as a result of the crash.
It can include physical pain, mental anguish, embarrassment, loss of enjoyment of life, loss of companionship, or consortium due to the injuries sustained in the accident.
To prove your pain and suffering claim, you will need to provide evidence about the extent of your injuries and how they have impacted you, e.g., doctor’s notes, medical bills, witness testimonies, etc.
To calculate the compensation amount for pain and suffering, insurance companies typically use a formula that looks at the severity of the injury, the amount of medical bills incurred due to the crash, and any lost wages due to it.
For instance, if you suffered a broken arm in a car accident and incurred medical bills of $3,000 and lost wages of $5,000, then your pain and suffering damages will be calculated based on these factors.
It is important to note that some states have put limits on pain and suffering damages; however, an experienced car accident lawyer can advise you on the best strategy for pursuing your claim.
Loss of Affection or Companionship
If you are married, you may be eligible to seek compensation for loss of affection or companionship, commonly known as “loss of consortium” damages.
This claim is separate from the pain and suffering damages and can only be sought if you are married to the injured party.
In this type of claim, you must prove that because of the accident, you have suffered a decrease in the amount of love, companionship, and affection that was owed to you by your spouse.
It is important to keep all records of medical bills, counseling sessions, and evidence from expert witnesses who can affirm how your relationship has been negatively impacted due to the crash.
In some cases, punitive damages may be available. This type of award is intended to punish the wrongdoer and deter them from engaging in similar conduct in the future.
Punitive damages are usually only awarded if it can be proven that the injury was caused by grossly negligent behavior or intentional wrongdoing by the other party.
The amount of compensation that you may be entitled to after a car accident will depend on the specific facts and circumstances of your case.
An experienced car accident lawyer can review your case and help you determine the best approach for seeking damages from the liable party.
They can also provide guidance and advice on how to calculate the accurate compensation amount.