Getting into a car accident can be an extremely stressful experience, and the aftermath can be even worse. If you’ve been involved in a car accident, you may be wondering what legal remedies are available to you. Since the financial costs of a car accident can be astronomical, you need to recover the money you spent for car repairs, medical bills and lost wages.
If you have been injured in a car accident that was not your fault, you may be able to receive compensation for these losses through a personal injury lawsuit. According to The Law Offices of Christian J. Amendt, a successful personal injury claim allows the plaintiff to recover damages for both economic and non-economic losses incurred as a result of the incident. Keep reading to learn more about what damages are available to you after an auto accident.
Definition Of Car Accident Lawsuits
A car accident lawsuit is a legal claim brought by an individual who has suffered harm, either physical or financial, as the result of another driver’s negligence. The goal of the lawsuit is to recover damages for the injured party. These damages may include medical expenses, lost wages, pain and suffering, and property damage.
In order to be successful in a car accident lawsuit, the injured person must prove that the other driver was negligent or he is responsible for causing the accident. This means that they must demonstrate that their injuries were caused by the other driver’s negligence or recklessness. If successful, they may be able to recover compensation from the at-fault driver for their losses.
Legal Requirements For Filing A Claim
In order to successfully file a claim in a car accident lawsuit, there are legal requirements that must be met. Generally, plaintiffs must prove that the other party was negligent and that their negligence caused the injury or damage. To do this, claimants must show evidence of four elements: duty of care, breach of duty of care, causation and damages.
Duty of care is a legal obligation to act with reasonable care towards others; this includes avoiding foreseeable risks and taking measures to protect people from harm. Breach of duty occurs when an individual fails to meet that standard of care. Causation links the breach of duty to the injury or damage suffered by the plaintiff. Lastly, damages refer to the money paid out as compensation for loss or injury suffered due to another’s negligence. If all these elements are established in court, then plaintiffs may be eligible for compensation for medical costs, lost wages, pain and suffering and property damage resulting from the collision.
Compensatory Damages
Compensatory damages are those that seek to compensate the injured party for losses they have suffered due to the car accident. These damages can include medical bills, lost wages, and property damage. In addition, non-economic damages such as pain and suffering, emotional distress, loss of consortium (the right to a healthy family relationship), and loss of enjoyment of life may also be recoverable.
The amount of compensatory damages recoverable will depend on the extent of the injury or harm suffered by the plaintiff in the car accident. In determining the amount to award, courts will consider factors such as severity of injury, permanency of disability or disfigurement, degree of physical pain and suffering endured or anticipated, etc. Ultimately, compensatory damages seek to make an injured person “whole” again after their losses due to another’s negligence. The goal is to restore them financially for any losses incurred as a result of their injuries.
Non-Compensatory Damages
Non-compensatory damages are damages that are not intended to reimburse an individual for any losses. These are often referred to as ‘punitive’ or ‘exemplary’ damages, and can include compensation for pain and suffering, emotional distress, loss of enjoyment of life, and other non-tangible damages.
These types of damages can be awarded in a car accident lawsuit if the defendant’s conduct was particularly reckless or egregious. They are meant to punish the wrongdoer by making them pay for their negligence, as well as serve as a deterrent to others engaging in similar conduct. Non-compensatory damages may be awarded in addition to compensatory damages, such as medical bills or lost wages.
Medical Expenses
In a car accident lawsuit, you can recover damages for medical expenses. This includes your past and future medical bills related to the accident, as well as any lost wages from time taken off work due to the injury. It also covers any expenses related to obtaining medical care, such as transportation costs, prescription drugs, and physical therapy. In addition, if you have suffered permanent damage or disability due to the accident, you may be entitled to compensation for the pain and suffering that resulted from it. You should keep all relevant documents regarding medical bills and treatments in order to support your claim.
It’s important to note that if you have an insurance policy, it will likely cover some of these medical expenses. However, it is still worth pursuing a car accident lawsuit if you are able to prove negligence on the part of another party involved in the accident. This could help cover any remaining costs associated with the injury that your insurance does not cover.
Property Damage
Moving on from medical expenses, property damage is another type of damages that can be recovered in a car accident lawsuit. This includes both physical damage to the vehicles involved as well as any other property that was damaged or destroyed by the accident. Examples of this may include things such as fences, mailboxes, street signs, and other property owned by individuals or businesses. In addition to seeking compensation for the cost of repairing or replacing any damaged property, you may also be able to recover compensation for any loss in value that your vehicle experienced due to the accident. This could include diminished value caused by repair costs and reduced resale value due to damage that cannot be fixed. Ultimately, if someone else is at fault for a car accident, they should be held responsible for all related damages.
Loss Of Income
When someone is involved in a car accident, they may suffer from lost wages due to the inability to work. This can be recovered through a car accident lawsuit. If a person is unable to return to their job as a result of the injury sustained during the accident, they can seek compensation for any income lost as part of their claim. This includes wages and other forms of income, such as commission or bonuses that would have been received if not for the accident.
Additionally, those who are self-employed may also be able to recover lost profits due to an inability to work due to the accident. It’s important that all evidence of lost wages and profits be kept, including pay stubs and receipts, in order to successfully prove your case in court. With this documentation, it should be possible for an individual to receive compensation for any income they were unable to earn due to an accident caused by another party.
Pain And Suffering
Pain and suffering is a type of damages that can be recovered in a car accident lawsuit. These damages are meant to compensate victims for the physical pain, mental anguish, and emotional distress they suffered due to the accident. Pain and suffering damages can include compensation for medical bills, lost wages, disfigurement, disability, or loss of enjoyment of life.
In order to receive compensation for pain and suffering, it must be demonstrated that the victim has incurred measurable losses that result from the accident. This means providing evidence of medical records and any other documentation related to the injury or trauma sustained in the accident. It’s important to note that these types of damages are typically subjective since it’s difficult to assign a monetary value to one’s physical and mental pain. However, an experienced lawyer can help create an argument which best supports your claim for appropriate compensation.
Conclusion
Car accident lawsuits allow you to recover damages for any losses suffered as a result of another driver’s negligence. Depending on the circumstances of your case, you may be able to recover compensatory and non-compensatory damages. It’s important to note that the amount of compensation you can recover in a car accident lawsuit will depend on the specific facts and circumstances of your case. An experienced personal injury lawyer can help you determine what types of compensation you are eligible for and how much money you may be entitled to receive.
If you’ve been injured in a car accident, it’s in your best interest to seek legal advice from an experienced attorney who can help you understand your rights and protect them. An attorney will also be able to advise you on the most effective way to pursue a claim for compensation so that I can get the maximum recovery possible for my injuries.
