Getting into a car accident can be costly. The consequences of a wreck can affect your life in every way imaginable - physically, emotionally, and financially.
Fortunately, as a crash victim, you’ll have the right to seek compensation through insurance and/or a personal injury lawsuit.
Whether you go through insurance or file a personal injury lawsuit, you’ll have the right to request compensatory damages.
Compensatory damages are divided into two distinct categories: economic awards and non-economic awards. Each is designed to help you deal with different aspects of your life after an auto accident.
Economic Damages: Designed to Offset Financial Stress
Economic damages are awarded through a settlement or jury verdict to help you handle the financial repercussions of your car accidents. Recovering these damages should make you whole and make it as if the accident never happened - at least as far as your wallet is concerned.
Economic damages are limited to your verified present costs and reasonably projected future expenses, as supported by documentation and expert testimony.
Medical Bills
Car accidents can inflict serious, potentially life-threatening physical injuries, including brain injuries, spinal cord injuries, nerve damage, amputated limbs, broken burns, and severe burns.
Most crash-related injuries require extensive medical care and treatment, such as:
- Ambulance transport to the hospital
- Corrective surgery
- Plastic surgery
- Medication
- Medical devices and equipment
- Follow-up care
- Outpatient treatment
- Chiropractic care
- Dental care
- Rehabilitation
These - and other - costs of medical care are recoverable damages in an insurance claim or lawsuit. However, damages are limited to reasonable and necessary treatment, as ordered by a physician.
Lost Wages and Disability
When your injuries prevent you from working, you can recover compensation to make up for the wages, income, and benefits you miss out on until you can return to work. In the event that your injuries prevent you from going back to work altogether, you can seek damages for disability to help you offset the loss of income.
Reduced Earning Capacity
Sometimes, injuries have lasting effects that inhibit a victim’s ability to do their job. If you can return to work in a limited capacity or have to take a job that pays less, you can seek compensation to make up the difference between your pre-injury income and post-injury income.
Out-of-Pocket Expenses
As a crash victim, you might find yourself paying for a rental car if yours is being repaired or for the costs you incur in traveling for medical care. These aren’t costs you should have to absorb on your own, especially when the collision was someone else’s fault. You can see reimbursement for these types of out-of-pocket costs through insurance or a lawsuit.
Property Damage
Whether you’re uninjured, sustain minor physical injuries, or suffer catastrophic trauma, there’s a good chance that your vehicle will have sustained some damage in the wreck. Damages can be paid to cover the costs of either replacing your car or for vehicle repairs.
Nursing Assistance
When injuries are particularly catastrophic, you might need extra care and help performing everyday tasks. Whether you need to spend time in a facility or have a caretaker in your home, these costs can be absorbed by insurance or a lawsuit.
Funeral Expenses
If a car accident is fatal, a family can seek damages for funeral expenses and related costs through a wrongful death lawsuit.
Non-Economic Damages: Helping You Handle Hard-to-Value Trauma
Not all consequences of a car accident are cut-and-dry or easy to value. Victims can struggle with much more personal, subjective trauma. Their difficult-to-value nature doesn’t make them any less important. That’s where non-economic damages come into play.
Pain and Suffering
Pain and suffering is a broad term used to refer to the physical pain and emotional distress a victim experiences because they were involved in a car accident. Damages are paid to help compensate for things like chronic physical pain, disfigurement, nightmares, anxiety, depression, and the overall discomfort that results from being in a collision.
Loss of Consortium
Whether you suffer catastrophic trauma or not, a car accident can take a toll on your life and your relationship with your spouse or registered domestic partner. Physical disabilities and emotional distress can interfere with your spouse or partner’s ability to be intimate with you and struggle to enjoy your companionship, care, and affection. If this is the case, your spouse or partner may have an individual claim for loss of consortium.
Reduced Quality of Life
Physical limitations and emotional distress can prevent you from engaging in activities that you once loved, spending quality time with your loved ones, and actively participating in your life. Even if you can do these things, the degree to which you can genuinely enjoy them might suffer.
Post-Traumatic Stress Disorder
Post-traumatic stress disorder is commonly seen in crash victims. Known as vehophobia, this condition can interfere with a victim’s ability to drive, get in a car, and/or live a normal life.
Punitive Damages Can Be Awarded in Some Car Accident Cases
If your car accident lawsuit makes it to trial, it might be possible to recover additional compensation in the form of punitive damages.
While laws vary from state to state, punitive damages can typically be awarded by a jury if there is clear and convincing evidence that a defendant’s conduct was intentional or grossly negligent.
Punitive damages are only awarded when it’s appropriate to punish a defendant for particularly reprehensible actions. For instance, you might receive punitive damages if you were injured by a drunk driver, hurt in a hit and run, or experienced the wrongful death of a family member in a fatal wreck.
Singleton Schreiber Can Help You Maximize Your Car Accident Damages
While you may be entitled to monetary damages after a car accident, you’ll face a lot of resistance from the at-fault party, insurance companies, and defense attorneys throughout the claims process. The best way to maximize your recovery is by enlisting the help of an experienced car accident attorney near you.
Crash victims and families across the nation trust Singleton Schreiber because we’re award-winning trial attorneys who’ve helped clients win over $2.5 billion in financial awards. When you ask for our help after a wreck, you’ll work with local lawyers and benefit from our law firm’s national resources.
We offer a free consultation, so contact one of our law offices to schedule a time to discuss your Albuquerque, San Diego, Santa Rosa, or Sacramento car accident case with our team today.
