In case you are injured in a car accident and wish to file a claim, you might be wondering what types of damages you can get. There are several damages you can claim following a car accident. In this post, we will take you through these damages as well as what you should do to get the right compensation.
There are different kinds of injuries associated with car accidents. These injuries can range from whiplash to permanent disability and emotional trauma. Once a person suffers an injury, the first thing he will do is seek immediate medical attention. Depending on the type of injury, there will be a period of therapy and specialized treatment under the supervision of a certified medical professional. There will also be a number of consultations as well as accessories such as crutches, bandages, heat pads and other items that will help speed up his recovery. All these things can be reclaimed in personal injury cases as medical expenses.
When calculating your medical expenses, it is important you take into consideration future treatments resulting from ongoing conditions related to your injury. Talk with your doctor and nurse to help you come up with an accurate figure and make sure you keep all the receipts to help validate your claim.
Pain and Suffering
Personal injury lawyers define pain and suffering as a physical or mental distress for which a person may seek damages in a lawsuit. Damages related to pain and suffering largely depend on the type of injury, the intensity of the pain and prognosis for future pain related to the injury. The damages may also include emotional and mental distress resulting from the accident, such as anxiety and stress. There are some states where personal injury plaintiffs can include general loss of enjoyment as part of pain and suffering. You must show beyond any reasonable doubts that you experienced pain and suffering to make your claim valid.
Lost Wages and Employment
When you are involved in an accident, the injuries you suffer may cause you to lose your earning capacity. You may have lost some time from work, or if the injury is permanent, you may not be able to execute your job duties effectively, leading to loss of employment. You are liable for compensation only if you prove to the court that the injury has interfered with your earning potential. You will be compensated for the time you took from work as well the future loss of income. The amount will be calculated based on how much you would have earned had you not been involved in the accident.
Loss of Companionship
When your spouse is injured or dies following an accident, you can claim for loss of companionship. Personal injury lawyers commonly refer to this claim as loss of consortium. In this claim, you have to prove that the injury denied the two of you the ability to show each other affection, including sexual activity. One unique thing about this claim when compared to others is that it is filed by the person who is not injured. It is not considered valid if the person injured does not recover damages for his injuries. In most cases, people claim loss of companionship when the person involved in the accident dies. The judges will determine whether the deceased had a loving relationship with the one filing the claim. They will also determine the general impact of the person’s death on the remaining family members.
This claim involves the recovery for the value of the property damaged during the accident. These include the damage to the car and your personal items.
Hiring a Lawyer
You need to talk to a personal injury lawyer first before you file any claim. The legal process is very complicated and can pose some serious challenges if you go at it without a lawyer. A personal injury lawyer will analyze the damages you have suffered and help present your arguments in court and convince the judges to rule the case in your favor. When hiring a lawyer, go for someone who is experienced and specialized in personal injury cases. Make sure the lawyer has handled cases similar to yours and successfully taken them to trial.