What Kinds of Damages Are Sought Following a Car Accident?
Car accidents are unavoidable, and when they happen, it’s a lose-lose situation for all parties involved. Even if you’re fully compensated and you don’t pay a cent for property damage or medical bills, going through a car accident is still a stressful, hassle-filled, waste of time. The unfortunate reality is that car accidents often result in serious injuries, and this is why monetary compensation, otherwise known as damages, is sought in the wake of a car accident.
But what are damages used to offset? Moreover, how are economic damages, like medical bills, different from general damages, e.g. pain and suffering? For answers to these questions and others, read on.
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What Are Damages Used to Offset?
Damages is a legal term for the monetary compensation one receives from a car accident settlement. Damages can be used to offset fixed expenses like medical bills, and monetary compensation is also awarded to redress injuries like pain and suffering that are hard to quantify, but more on this later. Below are the common accident-related expenses that damages are often used to offset:
Medical Bills
Medical bills are usually the costliest expense associated with car accidents, though this isn’t always the case. Usually a car accident lawyer will wait till their client is fully recovered to seek compensation, as only after full recovery is reached will you know exactly how much is needed to cover medical bills. You may have to pay for:
- Treatments
- Prescriptions
- An ambulance ride
- Exams
- Consultations
- Accessories
- Rehabilitation
- Long-term care
The severity of the car accident will largely determine what kind of medical bills you’re saddled with.
Lost Wages
Wages lost due to car accident injuries can be covered by damages. A car accident may put you out of work, and if the accident is quite severe, you may never be able to go back to your previous profession. If this is the case, you will need to be compensated accordingly. Damages can cover lost wages both past and future. When considering lost wages, your car accident lawyer will take into account several factors, including your age, your previous occupation, your skill set, your experience, and your life expectancy. All of these factors collectively will show the extent of your lost earning power.
Pain and Suffering
Pain and suffering is a legal term for the general mental and physical distress that’s caused by a car accident, and you can seek damages for this. Pain and suffering is an umbrella term that generally accounts for all physical and mental anguish one is subjected to because of the accident. For example, if you experience stress or anxiety, or you can’t sleep at night because of the accident, you may have solid grounds for receiving pain and suffering damages. How a pain and suffering figure is calculated will be explained in a later section.
What’s the Difference Between Economic and General Damages?
Car accident recoverable damages can be broken down into two categories. There are general damages and economic damages, and below are examples of each.
General Damages
- Pain and suffering
- No longer able to enjoy life
- Dismemberment
- Disfigurement
- PTSD
Economic Damages
- Medical bills
- Long-term care bills
- Lost earnings both past and future
Economic damages are different than general damages. Specifically, economic damages are usually associated with fixed expenses. For example, if you have medical bills and car repair bills, these would require economic damages, as these are fixed expenses. On the other hand, general damages are calculated based on a variety of factors. Pain and suffering will yield general damages.
In the same way, lost wages can be redressed by general damages. But if lost wages means just scheduled work days missed, these would be covered by economic damages. But if lost wages refers to future missed wages, you’ll be seeking general damages as an award, as future missed wages is not a fixed expense like missed scheduled days.
How Are Damages for Pain and Suffering Calculated?
A variety of factors are used to calculate pain and suffering. Your car accident lawyer will consider all these factors before determining a dollar amount for pain and suffering. Some of these critical factors are:
- Severity of the injury
- Time needed for recovery
- Location of the injury
- Prognosis
- Socio-economic factors
- State laws & regulations
It’s true that two people can have the same injury and experience it differently. Proving pain and suffering usually requires the assistance of an expert medical witness, and sometimes a psychiatrist will be brought in to explain mental illnesses and injuries.
What Happens if Your Damages Amount Doesn’t Fully Offset Your Expenses?
If you don’t receive enough in damages to fully offset accident-related expenses, you’ll have to pay outstanding balances out of pocket. Once you agree to take a settlement, or once a resolution is reached by a judge and jury, the matter is settled—you won’t be able to seek restitution for the same accident later on. This is why it’s critical to demand the proper amount in damages early on.
How Will a Car Accident Lawyer Know Which Damages Should Be Sought?
Bringing on a car accident lawyer is essential because they will be able to accurately calculate a total damages figure after accounting for all injuries sustained during the car accident. They will also know how to go about demanding proper compensation. Plus, a car accident lawyer will do all the hard negotiating on your behalf, allowing you to recover from your injuries in peace. The quicker you recover, the quicker a resolution can be reached.
Gone are the days where hiring a car accident lawyer is difficult. If you want to hire a best-in-class car accident lawyer in Bed-Stuy, all you have to do is call 1-800-HURT-511. We’ll connect you with experienced, multilingual lawyers who’ve secured over $1 billion for their clients.
Call 1-800-HURT-511 now, as you only have so long to file a claim for compensation.
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