Types of Compensation You Can Claim in a Car Accident

In most car accident cases, the insurance company covers any financial losses the car accident victim suffers, including personal injuries. Other times, the insurance carrier denies your claim or only pays part of it.

When this happens, you may have no choice but to file a personal injury claim against the other driver. In your initial complaint, your car accident lawyer must include a demand for damages. Damages is another term for the money you demand in a civil lawsuit.

This article explains the various types of damages you can demand in your car accident claim. It will discuss what happens to your damages if you’re partly at fault for the accident. It also fills you in on the types of damages you can receive if you file a wrongful death lawsuit.

If you were recently in a motor vehicle accident, consider contacting an experienced car accident attorney. They’ll review your case, give you an idea of what it may be worth, and work to settle your case with the insurance company.

Economic and Non-Economic Damages

When you file a car accident lawsuit, you must include a demand for damages. There are two kinds of damages: economic and non-economic damages. Economic damages include compensation for losses you can quantify, such as medical bills and property damage.

Other types of economic damages include:

• Lost wages
• Lost future income
• Damage to your motor vehicle
• Medical bills
• Future medical care/medical treatment
• Compensation for travel to doctor visits, hospital stays, physical therapy, etc.
• Other healthcare expenses
• Other financial burdens resulting from your car accident

Non-economic damages represent the money you receive for non-tangible losses. This includes any amount of compensation for emotional distress and for pain and suffering.

Other examples of non-economic damages include the following:

• Loss of companionship
• Loss of quality of life due to any serious injuries
• Disfigurement

One benefit of retaining an experienced attorney to handle your car accident case is that they’ll fight to get you as much money as possible. While they cannot guarantee you’ll receive a specific amount of car accident compensation, they will work hard to get you what you deserve.

Property Damage

Usually, the at-fault driver’s insurance company will cover any property damage you suffer. When you submit your insurance claim, the insurance adjuster will determine whether you can repair your vehicle or if it’s totaled.

The insurance company will cover the costs if you can fix your car or SUV. If your car is totaled, you can demand the fair market value for your motor vehicle at the time of the accident.

If the insurance carrier refuses to pay your claim, you can demand compensation for any property damage you experienced. You must include these damages in your initial demand.

Will You Receive Damages for Pain and Suffering?

Some people assume that they’re entitled to damages for pain and suffering when they file a car accident lawsuit. You will only receive these damages if you can prove you suffered mental anguish after the car accident.

The law defines pain and suffering as the mental anguish or physical distress resulting from a car crash or other injury. Whether you receive these damages depends on the type of injury you suffer, the level of pain you experience, and whether you’ll continue to experience pain in the future.

One of the best ways to prove pain and suffering is to submit a copy of your medical records. Your doctors will document the nature and extent of your injuries in your medical chart. A car accident attorney will use this evidence to demonstrate that you deserve special damages for pain and suffering.

Not every state awards damages for pain and suffering in the same way. Some jurisdictions instruct juries to assume there is pain and suffering associated with serious injuries. Others require the plaintiff to prove pain and suffering.

In addition, some states cap the amount you can receive for pain and suffering. It depends on your state laws.

Punitive Damages

Judges rarely award punitive damages in car accident cases. To receive this type of compensation, your attorney usually has to prove gross negligence or intentional misconduct by the at-fault driver.

The court awards punitive damages as a way to punish the defendant for their behavior. If you are hurt in a drunk driving accident, you may receive punitive damages. The same is true if the other driver acted recklessly.

Even if you are awarded punitive damages, there may be a limit to how much you can receive. Many states have caps on punitive damages. Florida, for example, limits punitive damages to $500,000 or three times a plaintiff’s compensatory damages, whichever is greater.

Damages in a Wrongful Death Claim

When someone dies in a car accident, their family members may be able to sue for wrongful death. This means suing the at-fault driver for the losses the victim’s family suffers as a result of their loved one’s death.

The damages you may receive in a wrongful death claim include the following:

• Loss of consortium: This refers to a type of damages the decedent’s spouse may demand for loss of companionship and affection
• Medical bills: The victim’s family can demand compensation for any medical bills they must pay on behalf of their loved one
• Loss of financial support: The victim’s family members can ask for damages for any financial support they would have received from the decedent had they survived the crash
• Funeral expenses: The plaintiff can demand compensation for reasonable funeral and burial expenses

There are other damage claims that can be made in a wrongful death suit.

What if You Are Partially at Fault for Your Motor Vehicle Accident?

Very rarely is one driver completely responsible for a car accident involving at least two vehicles. Even in a rear-end accident, where the rear driver is almost always at fault, the front driver may also be liable for the crash. For example, their brake lights may have been broken, or they may have suddenly slammed on the brakes in the middle of a busy intersection.

You can probably still collect damages if you were partially at fault for your car accident. Every state has its own laws on comparative fault. When you meet with your car accident lawyer, they will let you know what the rules are in your state.

Many states follow the modified comparative negligence rule. Under this rule, a person can still collect damages, as long as they are less than 50% (or 51%) at fault. However, the court will reduce their damages by their percentage of fault.

For example, in a modified comparative negligence rule state, the court will first determine how much the plaintiff was at fault. They then reduce the person’s damages by that percentage. So, if you sued the other driver for $100,000 and were 20% at fault, the court will reduce your damages by $20,000. You would receive $80,000.

Alabama, Maryland, North Carolina, Virginia, and the District of Columbia follow the pure contributory negligence rule. In these states, a plaintiff will not receive compensation if they were even 1% at fault.

The best thing to do is to talk to a car accident attorney so they can let you know how the comparative negligence rule will impact your case.

Talk to a Car Accident Lawyer About Your Case

If you’ve suffered a serious injury in a motor vehicle collision, you may be entitled to fair compensation. It all depends on the nature and extent of your car accident injuries, and whether you were partially at fault for the crash.

Before proceeding with your personal injury case, seek legal advice from a skilled car accident lawyer. An experienced personal injury attorney will review your case and help get you the compensation you deserve.

In most cases, your lawyer will negotiate a fair car accident settlement. They will also ensure that you don’t accept a lowball settlement offer from the defendant or their insurance company. Most lawyers offer a free case evaluation.