When you are hurt in an auto accident, financial recovery may be available to you by filing a personal injury lawsuit against the at-fault driver. You have a right to recover damages for any out-of-pocket expenses as well as for your emotional suffering.
While no two cases are alike, here are some of the types of recovery that may be available to you after an auto crash:
Medical Bills
Your biggest concern after an auto accident might be how you are going to pay for the medical care. Medical bills are an example of economic damages. You should keep all bills and receipts to document the cost of doctor’s visits, hospital stays, prescriptions, therapy, ongoing treatment, etc.
In most cases, the responsible party cannot escape liability because the injured party has insurance. Instead, an injured party can recover fully for medical bills.
Rehabilitative Services
In cases with serious injuries, your losses may include the costs of rehabilitation. You may need ongoing physical therapy. The costs of these services should be covered as well as any necessary mobility aids such as a wheelchair, cane or sling.
If you need a special bed or chair for comfort at home, that may be included too. It is important to save records and receipts in case you need to prove your expenses.
Lost Wages
A traffic accident can interfere with your ability to work. If you can work, you may not be able to work the same hours as before. Or you may not be able to work the same job. You may have to settle for something that pays less or that does not have the same career track.
These types of damages are meant to put you in the same financial position that you may have enjoyed if you had not been in the accident. You can collect these types of damages even if you are self-employed. You need to prove your work and your prior income.
Pain and Suffering
It is hard to place a monetary value on physical and mental injuries, but that is what these damages attempt to do. These damages can include mental and emotional suffering like anxiety and trauma.
Each state calculates pain and suffering a little bit differently. Some states use a formula to calculate these damages, while others place caps on them. In some cases, the jury has wide discretion to determine the appropriate amount.
Loss of Consortium
A person can recover for loss of companionship with another person. For example, if a spouse tragically dies in an auto accident, their spouse can recover an amount that represents the lost time and companionship that the couple might have enjoyed otherwise. This can apply in cases where an accident is fatal and in cases where a person suffers catastrophic injuries.
Replacement Tasks
If your injuries make it hard to provide care for your family, you can ask for damages that cover the cost of assistance. If you are not able to mow your lawn, for instance, you can ask for damages to pay a lawn service.
Consider all the daily tasks that you are not able to do because of the accident. You may be able to recover for these inconveniences.
Property Damage
In a traffic crash, there will likely be significant damage to your vehicle. You can recover for the cost of your car. This includes both complete destruction of property as well as the diminished value of damaged property that was inside the car at the time of the crash. If you have other types of property damages, you can seek payment for them too.
Punitive Damages
In some cases, corporations put profits before the safety of the public. When that happens, many state lawmakers and judges want to punish these corporations – even if the behavior is not necessarily criminal.
To do this, they allow victims to recover punitive damages in cases of outrageously negligent conduct. This often comes into play in cases where a company knowingly makes a defective product or fails to remove a product from the market when they learn that it is likely to cause injury.
No two cases are alike. However, these are some of the damages that you may be able to recover in the event of an auto accident. A skilled and experienced attorney can discuss your case with you and help you determine what damages you may be eligible to receive.