No one plans for a car crash, but that doesn’t mean it won’t happen. The severity of the accident may range from no damage to a serious wreck that inflicts serious physical injuries and property damage. It is the latter that usually leads to a mountain of bills, pain and long-term recovery. A car accident claim falls under personal injury tort. Compensation under this type of legal matter is a financial award called damages. These are compensatory in nature because they are meant to help make up for what a plaintiff lost because of the crash. Since a body part can never truly be replaced, a monetary award is the only means to assist a plaintiff under the law.
Take a closer look at some of the most common types of compensation in a car accident case.
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- How Much is Your Injury Claim Worth?
Getting injured as a result of someone else’s carelessness can spell financial disaster. Depending on the extent of the injuries, medical bills may pile up. If long-term medical care and treatment are required, who pays? When a plaintiff files a claim against the at-fault driver and insurer, who become the defendants, there is a fair chance that the court will award damages for the amount of paid and outstanding medical bills. Ongoing medical care may also be part of a compensatory damages award
Being out of work for any length of time can send even diligent households into a tailspin. Savings may run out quickly after the prolonged work absence and bills resulting from the incident. When considering types of compensation in a car accident case, lost wages are recoverable. Getting reimbursed for tangible losses, such as missed income, is something that is more common in car accident claims. Physical limitations caused by the injury may also force the plaintiff to change jobs or leave the workforce entirely. Consequently, a court may also consider awarding damages for the loss of future earnings.
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Pain and Suffering
The plaintiff most likely experienced a significant level of pain due to the injuries. Pain and suffering are subjective and not easily proven. However, some injuries are undoubtedly serious enough that a reasonable person would believe there was a significant amount of mental anguish and physical pain associated with them. Doctors can testify as to the level of pain and suffering associated with similar injuries to help make the case for damages.
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Loss of Consortium
One of the unique types of compensation in a car accident case has to do with a loss of consortium claim filed by the plaintiff’s spouse or partner. This claim requests the defendants provide compensation for the loss of aspects associated with the relationship:
• Future endeavors
For example, if a spinal cord injury rendered the plaintiff paralyzed from the waist down, the spouse may file a loss of consortium for the impact this medical issue has on them. This type of compensation request can only be filed if the plaintiff received damages in another form.
An attorney can best supply further guidance on the types of compensation in a car accident case applicable to a specific situation. There are services that provide attorneys with leads to help them reach out to victims.