According to U.S. tort laws, those who have suffered injuries or other compensable losses in an accident caused by another negligent party can receive financial damages. These damages are generally comprised of economic and non-economic damages.
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Car Accident Damages
The amount of damages awarded for your claim will depend on the specific aspects of your case. Some states impose limits on non-economic damages—known as damage caps for certain accidents—that place restrictions on the compensation you can receive.
If you’ve been injured in an accident and you’re interested in recovering damages, then a car accident attorney from Agruss Law Firm can help you learn more about car accident law. Read on for more information about the damages you may be eligible for.
However, if you’re unsure of how to file a claim for injuries sustained in a collision that wasn’t your fault, check out our free, independent help.
Economic Damages
Economic damages are tangible losses a victim incurs or will incur because of their accident. Economic damages can be documented and are easily calculated.
Medical expenses, including the costs for hospital stays and follow-up treatment, are considered economic damages.
Lost wages are also considered economic damages as well as property damage. Vehicle and property damage can add up, and your legal team can help you recover these economic damages in settlement negotiations or a trial.
Non-Economic Damages
Non-economic damages are subjective damages. These damages don’t come with a receipt or documentation in most cases. Common non-economic damages include:
- Pain and suffering
- Loss of consortium
- Disfigurement
- Emotional distress
- Disability
Economic damages typically restore a person to their original condition while non-economic damages compensate plaintiffs for their suffering. Speak with an accident injury attorney in your area about what damages you may be entitled to after your accident.
Damages You May Be Entitled To
Economic and non-economic damages can be available in your case when you provide sufficient proof. Economic damages can be easy to prove because of the paper trail associated with paying for your costs.
That’s why it is vital to save every piece of documentation associated with your injuries. Although it’s often overlooked, keep receipts for all of your out-of-pocket expenses related to your medical treatment and vehicle rentals.
Since non-economic damages do not have the same kind of documentation, it can be harder to prove. Explaining the psychological effects of your accident can provide the jury with enough information to justify non-economic damage awards. You don’t have to do this alone. An auto accident attorney can help.
Punitive Damages
Many states allow for punitive damages—also known as “vindictive damages” or “exemplary damages.” These damages are awarded when you prove that a defendant’s actions showed willful misconduct, negligence, or other intentional actions. Punitive damages punish defendants for their misconduct to discourage other people from behaving similarly.
Claiming Your Damages
When you’ve been involved in an accident, your attorney may conduct an independent investigation to determine all of the damages applicable to your case. In most cases, opposing insurers will begin contacting you to offer you low settlements. Politely refuse to speak to them, and explain that your injury attorney will be in contact with them.
The initial settlement offer usually won’t cover all of your damages. Don’t worry. Your attorney can negotiate on your behalf to seek a full and fair settlement.
If a settlement cannot be reached, then you may have to file a lawsuit. Your legal team can pursue all of the damages you’re entitled to in court by preparing your defense and litigating on your behalf.
Securing Damages In Your Accident
After an accident, an insurance company will try to contact you. This insurance agent is most concerned about their bottom line, not helping you get full compensation. It is not the insurance company’s duty to make sure you are taken care of.
Insurance companies are interested in resolving cases for as little as possible, as quickly as possible. That’s why you shouldn’t speak with them until after you’ve spoken with your attorney.
A personal injury attorney understands the economic and non-economic damages that relate to your claim and will work to pursue compensation for those damages.
If you sustained catastrophic injuries or your loved one was killed in an accident caused by another party’s negligence, do not delay in seeking help from a lawyer. Your car accident lawyer can answer all of your legal questions.
