After a car accident where someone was injured, it’s important to be aware of the different kinds of damages that the victim or their family can claim in case they need to file a lawsuit for personal injury.
While many victims have to file claims for medical expenses, other damages can include suffering and pain, lost wages, reduced work opportunities, or loss of consortium.
The following kinds of damages are typical for a victim to consider seeking after a vehicle accident.
1. Victims Are Entitled to Recover Medical Costs
Those who have been hurt from a car accident could end up with minor injuries or serious disabilities. Medical costs that result from a car collision might include hospital and ambulance expenses, cognitive/physical therapy, professional consultations, required accessories like heat pads or crutches, permanent disability, disfigurement, or in-home healthcare services.
2. Victims Deserve to Recover Expenses Associated with Suffering and Pain
Suffering and pain is the anguish that a victim suffered after an accident that occurred through no fault of their own. These are calculated according to the seriousness of injury, how much pain the victim went through, and how much future pain the victim is expected to encounter. In certain states, loss of life enjoyment even counts as pain and suffering.
3. Victims Are Entitled to Recover Their Loss of Compensation or Ability to Earn
While many damages include car accident injuries, many wonder can you recover money for non-injury damages in a car accident? The answer is yes, and numerous types of damages fall into the non-injury category.
A vehicle collision can cause injuries that could inhibit your capability to earn an income. Accident injuries can also prevent a victim from working because of mobility issues, medical appointments, physical therapy, or other considerations that could inhibit a person from making an income.
The victim will need to demonstrate how the accident caused injuries that have impacted or reduced his or her capability to earn compensation in the future, calculated largely according to past earnings. Occupation, skill, age, experience, and life expectancy could all be elements in the court’s final decision.
4. Victims Deserve to Recover a Loss of Companionship
An accident injury could get in the way of you and your spouse’s ability to be affectionate, which is known as loss of consortium. The party who claims these damages (consortium, loss of companionship, or affection) is the uninjured spouse. However, to recover these non-injury damages, injury damages must also be claimed.
If a person dies because of the injuries, living family members can file for loss of companionship damages. In this situation, the judge takes into consideration the living arrangements and how much of an impact the death had on the surviving family.
In summary, there are various types of damages that a car accident victim can claim if they have been injured in a car crash that occurred because of someone else’s negligence. A victim deserves to recover all damages they have incurred as a result of the accident. Though many victims are forced to file claims for medical costs, additional damages can refer to limited work, lost wages, pain and suffering, and loss of consortium.