Most accidents happen because of the negligence of one party or another. When this happens, the negligent motorist owes compensation for the damages caused to the injured party. Under most laws, these damages aren’t just limited to the physical injuries but also include all other losses that are incidental to the happenstance of the accident.
Moreover, the extent of the damages that can be recovered is also dependent on the circumstances and facts surrounding your case. Therefore, you must be able to adequately allege all your claims in court, and with the assistance of a lawyer.
To shed some light on the matter, here are some of the most common damages from car accidents which can be recovered:
The Common Damages from Car Accidents
Your medical expenses form some of the most apparent damages that you can recover. These would depend on the extent of your injuries, as some are only minor while others are more extreme.
Generally, medical expenses would include:
- In-home services for your injuries.
- Physical and/or cognitive therapy.
- Permanent disability.
- Consultations with medical professionals.
- Medical accessories needed during recovery such as arm sling or crutches.
Income losses refer to the wages that you’ve lost during your recovery period, post your accident. As you’ve lost your job while you were recovering, it’s only understandable that your income capacity might have suffered. There may have been days you missed out on work, as you were trying recover.
You can claim damages for these income losses as well. This is computed by using your current salary rate and the number of days that you couldn’t report to work. In case of permanent disability, that stops you permanently from returning to your job, you can claim it in court with the help of your auto attorney or personal injury lawyer.
Pain and Suffering
Pain and suffering refer to the physical and mental distress which you experienced post-accident. This can include the following:
- General loss of enjoyment of life
- Severity of the pain
- Mental and/or emotional damage because of the accident
- Prognosis of the future pain that comes with the injuries
Since these are matters that cannot easily be determined through a monetary value, it’s best to leave it in the hands of a trustworthy attorney.
Loss of Consortium
Loss of consortium occurs when the injured party can no longer enjoy the companionship and relationship of his spouse, due to the accident. Here, it’s the spouse that can legally file for damages.
A caveat of this claim, however, is that the injured spouse must have already been awarded damages due to the physical injury involved. This consideration is an important requirement along this line, without which the claimant spouse can’t recover anything for loss of companionship or consortium.
If the injured party dies, the surviving family members can also validly claim this kind of damage. During the court case, the following circumstances will be considered:
- General impact of the injured party’s death on the surviving family members.
- Loving and smooth relationship of the deceased with the claiming surviving family members.
- Living arrangements of the deceased in his lifetime, with the surviving family members making the claim.
The Recourse on How to Fix Damages
Irrespective of the kind of damage, from physical problems on the look or detailing of your car to the most serious of all injuries, the solutions are almost always the same. You’ll have to allege your claims with the help of a lawyer. This isn’t something you’ll want to do by yourself, as you may not know how to value your claims correctly.
In the enumeration above, for instance, it’s no problem to claim the ones with fixed price, such as the medical expenses. With the proper receipts from the doctors and hospital, you can present these as an evidence for your claims. But, with those that don’t have a readily determinable value such as trauma and other moral damages, the assistance of a lawyer is needed.
So, to fix all of the damages you’re entitled to, it’s best to contact a lawyer immediately whenever you get in any accident.
When you’ve become a victim of a car accident, it’s essential to understand the different types of damages you can claim. That way, you can have the best possible result of such a negative happenstance in your life. While an accident is never a situation that you’ll want to be in, you have control over the consequences. You can ensure that you’re appropriately compensated for the loss the accident may have caused. With the help of a lawyer, you can accurately value your claims, so that you don’t end up even more at a disadvantage.