Types of Damages to Seek in Car Accident

July 16, 2018

Types of Damages to Seek in Car Accident

Which damage to claim in a car accident?

These are the types of damages you may pursue in a personal injury lawsuit if you sustained car accident injuries. Medical expenses are top priorities in these claims. You may also claim damages for pain and suffering, loss of affection(lost of consortium) and damages for lost wages or diminished opportunities.

Medical Expenses

Injuries can be from bruises or a minor cuts to paralysis or some other permanent disability. Further, since some injuries may not produce symptoms at first or may need some extra medical care later, it’s essential to undergo a thorough medical examination immediately following a car accident if you believe you may have been injured.

Some of the medical expenses include:

  •    Consultation with the healthcare professional
  •    Ambulance fees
  •    Medical Accessories
  •    Permanent disability
  •    Disfigurement
  •    In-home services
  •    Physical and/or cognitive therapy(if a brain injury)

If your doctor believes you will need additional medical treatments or therapies at the time your claim is settled, your attorney may calculate other coasts. Health professionals and doctors can help with these estimates. In the case of motorist liability towards the death of another motorist, the surviving family could file a claim for wrongful death, in addition to any medical costs incurred between the accident and time of death.

Pain and Suffering

This type of claim is defined under the mental or physical distress for which one may seek damages in the lawsuit. The application is based on the kind of injury, the seriousness of the pain suffered, and the prognosis associated with the injury. Pain and Suffering may also include mental and/or emotional damage stemming from the accident, such as anxiety and stress. Some states allow plaintiffs(a party who initiates a lawsuit before a court) to include pain and suffering damages for a general loss of enjoyment of life.

Not all states have the same award system for pain and suffering. While some allow a jury to assume that there must always be some pain and suffering associated with a bodily injury, others request a certain period of consciousness during the injury to make that claim.

Lost Wages

After the accident, injuries may cause you to lose earning capacity. A physical therapy session may also take your time from work, time spent in a hospital, problems with walking and general mobility, or other factors that may prevent you from earing your usual wages. In general, it’s essential to prove that the injury has impaired or diminished your ability to earn money in the future, based mainly on post-earnings. The court will consider others factors as well as age, occupation, skill, and experience.

Loss of Affection or Companionship

If you are married, and injury could affect you and your spouse of ability to show affection, including “loss of affection,” “Companionship” and other “Loss of consortium” that are claimed by the uninjured spouse.

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