What Kinds of Damages May I Claim for Car Accident Injuries?

• 28 Jun 2024
• Personal Injury Attorney

Understanding Car Accident Injury Claims

You have the right to file a personal injury claim when you are injured in a car accident due to someone else’s negligence. This claim aims to compensate you for the car damage and losses you have suffered due to the accident. Car accident injury claims typically include economic and non-economic and sometimes punitive damages.

Economic Damages

Economic damages are quantifiable financial losses that you have incurred due to the car accident. These damages are relatively easy to measure and include:

Medical Expenses

One of the most significant components of economic damages is medical expenses. This includes costs for:

– Emergency room visits

– Hospital stays

– Surgeries

– Prescription medications

– Physical therapy

– Follow-up visits with healthcare providers

– Future medical care related to the injury

Documenting all medical expenses is crucial for accurately calculating the car and motor vehicle accident compensation you are entitled to.

Lost Wages

You can claim compensation for lost wages if your injuries restrict you from working. This includes:

– Wages lost during recovery

– Potential future earnings if the injury affects the ability to work long-term

You must provide proof of your income. It can include pay stubs or a letter from your employer to support this claim.

Property Damage

Car accident events commonly damage your vehicle and other personal property. Economic damages can cover the following:

– Repair or replacement costs for your vehicle

– Damage to personal belongings inside the car

Keep receipts and repair estimates to substantiate your claim for property damage.

Non-Economic Damages

Non-economic damages are more complex to put a number on because they cover the intangible losses you go through after an accident. These damages compensate for things that are harder to measure but are equally important:

Pain and Suffering

Pain, suffering, and anxiety refer to the physical pain and emotional distress individuals suffer because of the car accident. This can include:

– Chronic pain

– Physical discomfort

– Loss of enjoyment of life

When calculating the car accident injuries and compensation, consider the damage caused by pain and suffering. Additionally, consider the severity of your injuries, the time it will take you to recover, and how much they affect your daily life.

Emotional Distress

Car crashes can mess with your head, causing emotional stress. This can manifest as:

– Anxiety

– Depression

– Post-traumatic stress disorder (PTSD)

Mental health treatment costs and the impact on your overall well-being are considered when determining emotional distress damages.

Loss of Consortium

When you’re injured, loss of consortium refers to how it affects your relationship with your spouse or partner. This can include:

– Loss of companionship

– Loss of sexual relations

– The strain on the relationship due to the injury

These damages acknowledge the broader impact of your injuries on your personal relationships and family life.

What Are Punitive Damages and When Do They Apply?

Punitive damages aren’t meant to make up for specific losses. Instead, they’re designed to punish the party at fault for terrible behavior and to prevent similar conduct in the future. Punitive damages may apply if:

– The at-fault party was highly negligent

– The at-fault party acted with malicious intent or gross misconduct

Examples include driving under the influence, excessive speeding, or reckless driving. These damages are less common but can significantly increase the total compensation in a personal injury claim and to claim the injury compensation you will need the right personal injury attorney.

What Kinds of Damages May You Claim? Talk to Radow Law Group to Find Out

Determining the full extent of the damages you can claim after a car accident requires a thorough understanding of the legal and factual nuances involved. Whether dealing with medical expenses, lost wages, pain and suffering, or more, Radow Law Group is here to support you every step of the way. Our team specializes in personal injury cases and can provide expert guidance on the following:

– Evaluating the total economic and non-economic damages

– Documenting and providing advice on the legal implications of car accidents

– Guide the legal process to maximize your compensation

Our experienced attorneys will work tirelessly to ensure your rights are protected and you receive the total amount of damages you are entitled to after a car accident. Schedule a consultation with Radow Law Group today and learn how we can help you get the compensation you deserve.

Frequently Asked Questions 

Q) Do I need a lawyer to file a car accident injury claim?

Claiming for a personal injury does not always require the services of an attorney, but hiring one will mean that you stand a better chance of receiving correct compensation. A lawyer can understand the law, collect proof, and bargain with insurance firms on your behalf.

Q) Can I claim future lost earnings if I cannot return to work?

If your injuries make it impossible for you to return to work, you can also quantify and qualify lost wages in the future. This is known as loss of earning capacity and seeks to cover the income the injured person would be earning had they not been hindered.

Q) What is property damage in a car accident claim?

Actual losses encompass the value of your car and personal effects that were harmed during the car accident. These include items like electronics, clothes, and other valuables.

Q) How is the value of my damaged vehicle determined?

The residual value of a wrecked car depends much on its pre-accident market value. Insurance adjusters put a cash value on it based on factors like age, condition, whether it has been driven much, and the value of similar automobiles.

Q) Can I claim compensation for other personal property damaged in the accident?

Yes, one is eligible for compensation if personal property was destroyed in the accident. This includes electronics, clothing, and any other property in the car at the time of the accident.