If you have been involved in an incident, have been harmed and are looking to pursue a claim for damages, there are many options available.
In order to win a personal injury lawsuit, you and your lawyer will have to prove without a doubt that: 1) the other driver had a duty of care, in other words, they had a responsibility to avoid the incident; 2) the other driver exhibited signs of sheer negligence; 3) you were injured or suffered some sort of damage.
Speaking of damages, these are directly related to the kind of compensation you will receive. In some cases, state laws will allow you to get an additional compensation for punitive damages, which means your attorney will have to prove that the other driver exhibited clear signs of negligence before the accident occurred.
The main types of damages acceptable in court and paid by insurance policies are:
1) Medical expenses
Auto accidents can cause minor injuries but they also can bring about major ones that will cause disability, even death. Even if you make a full recovery following such an incident, you can request compensation to cover your past, present and even future medical expenses, including surgery, consultation and therapy. You may want your physician to assist in calculating the extent of treatment you may still need, in case of a longer period recovery process.
Additional costs may entail the services of a nurse, cleaning service, therapist or recovery assistant for temporary or permanent disability.
2) Damage to property
These costs may involve car repair fees as well as other personal property replacement or repair costs. A specialized lawyer will be able to assist in putting together a list with all the damaged goods as a result of your car accident.
3) Loss of employment and/or wages
If the injuries you suffered as a result of an auto accident have prevented you from going to work, you may file for loss of wages. Even if you were unemployed at the time of the incident but you can provide proof of how much you could have earned in that time, you are entitled to compensation. Additional costs can be calculated if you had to take time off for doctor’s appointments or therapy sessions.
4) Personal pain damages
A good lawyer will have to be able to prove that you have suffered not only physical pain as a result of an incident, but that you were also subject to psychological pain, anxiety, stress and humiliation. Also, in the case of physical afflictions, the longer the full recovery takes, the bigger the claims can be.
There are also additional damages, such as loss of affection, when you have lost someone in a car accident. In this case, you or your family can file a wrongful death lawsuit. Loss of life compensation is calculated in conjunction with insurance companies and a court specialist and based on a number of factors, such as the dead person’s age, earning potential and so on.
If you are wondering how much compensation you actually deserve, you should first consider the type of damage that was inflicted upon you. A reliable attorney with a long line of winnings in such auto accidents claims will be the best ally on your corner, in this case.