Victims of automobile accidents may be granted a range of damages. These include economic damages that help recoup the financial loss caused by their injuries and non-economic damages that compensate victims for physical and emotional suffering. Many economic losses, such as ambulance transport fees or lost wages from missing work due to injury-related treatment, can be easily quantified. Other damages are more subjective. In an auto accident, there are various damages that can be reclaimed for injuries suffered.
Damages for Property Damage
Often overlooked by accident victims, property damage claims allow people to recover compensation for harm done to anything that is not a person. It might include a car, a fence, a home, or other structures damaged in an accident, as well as items inside cars such as laptops, technical equipment used for work, and children’s car seats. This claim is often handled separately from a personal injury or wrongful death case. It is because liability for accidents passes to the at-fault driver’s insurance company, where this claim will be filed.
In many cases, the at-fault driver’s collision coverage should cover property damages up to their policy limits. Reimbursement for repairs or replacement of the damaged vehicle, as well as personal belongings inside the vehicle. However, supplemental uninsured/underinsured motorist coverage or other policies may also cover the value of your vehicle and any other property destroyed in an accident. Property damage damages are based on several factors, including replacement value, the cost of repair or loss of use, and sentimental value.
Damages for Pain and Suffering
Pain and suffering are one of the types of compensation victims can receive. It includes the physical and emotional distress caused by a car accident. It is harder to prove than property damage or medical expenses. Often, a car accident requires extensive medical treatment. It may involve hospitalization, surgery, and rehabilitation. It also can include missed work time and lost earnings. An experienced lawyer can help a claimant calculate these losses, including their future loss of earning potential. You can search for reputable firms online if you’re looking for personal injury lawyer.
While assigning a monetary value to things like property damage and medical costs is straightforward, calculating the actual damages for pain and suffering is far more complex. Some attorneys use the multiplier method, while others base their calculations on the severity of the injuries and how they affect a person’s quality of life. Damages are awarded for physical and emotional distress experienced as a result of the accident, such as chronic pain, mental anguish, and loss of enjoyment of life. Both approaches can be persuasive to insurance companies and judges.
Damages for Medical Expenses
In most cases, medical treatment is a large part of the damages you can receive as compensation for an accident. The at-fault driver’s insurance company will usually cover your medical bills after an acceptable settlement is reached for the accident. Medical expenses can be expensive, especially if you require prolonged hospitalization or surgery. In these circumstances, you can claim reimbursement for the total cost of your stay. You can also claim expenses for diagnostic tests like X-rays, MRIs, and CT scans.
Your damages award may also cover doctor consultation fees and the costs of acquiring and using adaptive medical devices. You must provide your attorney with detailed medical records, bills, and invoices to prove your expenses. Expert testimony can also help your case by explaining why specific treatments were necessary, how much they cost, and the connection between your injuries and the associated medical costs.
Also medical bills, hospitalization costs, surgeries, medications, rehabilitation, and therapy related to the accident known as special damages, this figure will account for the total cost of your medical expenses incurred and expected in the future.
Damages for Emotional Distress
Although individuals frequently concentrate on estimating the cost of physical injuries and car damage, it’s essential to consider how the accident has impacted your mental health. Emotional distress is non-economic damages that can significantly add to your settlement or jury award. This category of damage encompasses a variety of psychological symptoms, including anxiety, fear, humiliation, torment, and depression.
It’s common for car accident victims to suffer from these conditions long after an incident. You must provide extensive documentation to substantiate your claim when claiming damages for emotional distress. It often consists of witness accounts, social media postings, medical documents with PTSD, depression, or anxiety diagnosis, and other sources that might support your accusations.
Additionally, it’s helpful to have medical records indicating your emotional state before the accident. It will make it harder for insurance companies to argue that your emotional suffering is tied to a pre-existing condition.