Vehicle accidents can create immense physical, emotional and financial turmoil for those involved. When faced with the aftermath of such an incident, understanding the various types of compensation available becomes paramount.
Seeking adequate compensation can ease the strain of medical expenses, lost wages, property damages and the pain and suffering suffered as a result of an accident.
Each accident has different circumstances and consequences, making it essential for individuals to fully comprehend all possible compensation in motor vehicle accident claims. How much you receive will depend upon your unique case circumstances.
In this comprehensive article, we delve deep into the intricate world of motor vehicle accident claims and examine all forms of compensation available to victims of such collisions.
If you’ve been injured in a motor accident, don’t wait; auto accident lawyers can help ensure you understand and assert your legal rights when filing claims for compensation.
- 1 Medical Expenses
- 2 Lost Wages
- 3 Property Damage
- 4 Pain and Suffering
- 5 Disability and Impairment
- 6 Wrongful Death
- 7 Final Thoughts
Car accident cases frequently award damages in the form of medical expenses. Medical costs can include many different costs associated with seeing a physician for both initial and subsequent consultation visits, for instance:
This category encompasses the costs associated with staying at a hospital as well as any procedures or tests performed while there.
These costs encompass not only the actual operation but also any anesthetic or other medications used during it.
This expense includes both prescription medications as well as any over-the-counter remedies required due to injuries.
Rehabilitation costs typically include physical and occupational therapies or any other rehabilitative procedures necessary due to your injuries.
Depending on your health insurance provider, some or all of your medical bills may already be covered; however, you could recover additional compensation from an at-fault driver’s insurer for out-of-pocket expenses like co-pays and deductibles as well as non-covered medical costs that arise as the result of the collision.
If the accident caused your incapacitation from working, compensation may be available for lost wages, including:
This refers to all earnings you would have made if the accident hadn’t taken place – such as your regular salary as well as overtime pay, bonuses or commissions.
Future Lost Wages
This can refer to any earnings you lose as a result of being injured that prevent them from returning to work, including your lost earning capacity (the total sum that would have been earned over your lifetime without injury).
To prove the loss of wages and recover compensation for them, you will require documentation of your income. Such evidence might include:
Pay stubs from employers during the previous year.
Tax returns from the past two years.
Employment contract; only if you have one.
Letter from your employer; it should state your date of hire, job title and salary.
Once you have collected documentation of what occurred, file a claim with the at-fault driver’s insurance provider. Their representatives may review your claim and offer to settle for a certain amount; if unsatisfied with their offer, you could consider filing suit.
If your car was damaged during an accident, you could be eligible for compensation for its repair or replacement cost. A certified mechanic should provide documentation outlining these expenses or its fair market value if totalled.
In order to recover compensation for property damage, you must have documentation. This documentation should include:
An estimate from an independent mechanic detailing repair costs.
A police report that documents the accident and the damage to your car.
Photographs of the damage showing the extent of the damage to your car.
Once you have collected this documentation, file a claim with the at-fault driver’s insurance provider. Their insurer may then review your claim and offer to settle for a certain amount; if it falls outside this range, then filing suit could also be an option.
Pain and Suffering
Damages for pain and suffering are non-economic damages designed to compensate you for physical and emotional suffering as a result of an accident, including;
Physical pain refers to any discomfort related to injuries such as cuts, bruises, broken bones or internal issues that have resulted in your health issues.
Emotional distress refers to any emotive pain you have experienced because of an injury, including anxiety, depression and PTSD (post-traumatic stress disorder).
Any emotional strain caused by injuries, such as fear, anger and frustration, should also be considered mental anguish.
Loss of Enjoyment in Life
As the result of injuries sustained due to activities you had once enjoyed, such as sports or hobbies or spending time with loved ones.
Your injuries could have resulted in any other subjective hardships, such as difficulty sleeping, fatigue or impaired concentration, that have affected you personally.
Pain and suffering damages are difficult to assess accurately as there is no exact formula that allows us to calculate them. Your award of pain and suffering damages depends on several factors, including severity of injuries sustained during an accident, length of recovery time required and any lasting impacts experienced afterward.
Disability and Impairment
If an accident has left you permanently disabled or impaired, compensation could be available for both lost earning capacity as well as expenses relating to it – for instance:
Modifying Your Home or Car
These modifications could include things such as installing ramps, widening doorways or making changes that make driving safer for yourself.
Cost of Specialty Medical Care
This could encompass costs related to physical therapy, occupational therapy and mental health services.
Cost of Long-Term Care
If your disability is so serious that long-term care will be required, compensation for its cost may be available – this might include; nursing home fees or assisted living facility charges.
Aside from physical injuries, accident victims could also seek compensation for emotional trauma caused by the incident, including
Feelings such as worry, nerves and fear.
These feelings include feelings of sadness, hopelessness and worthlessness.
Post-traumatic Stress Disorder (PTSD)
PTSD is a mental health condition that may develop after exposure to trauma, with flashbacks, nightmares and intrusive thoughts about what happened often occurring post traumatically. People experiencing this may avoid places or activities which remind them of this event.
When someone dies due to motor vehicle collision, their family may be entitled to compensation for funeral costs, financial support lost from lost companionship and any related damages that they experience as a result.
Compensation awards in cases of wrongful death vary based on the specifics of each accident and severity of losses sustained by the family.
Overall, compensation options exist if you have been involved in a motor vehicle accident and experienced injuries as a result. Your entitlement will depend upon the individual circumstances surrounding your case.
If you have been injured in a car accident, speak to a car accident attorney. They can help you understand your legal rights and help you file a claim for compensation.