Car Accident Claims: What Can Be Recovered
One of the best ways to estimate one’s injury claims after a car accident is by looking at insurance reports. Often, the insurance provider is the first to see and evaluate vehicle damage, and consequently, determine how much this damage is worth. The types of damage one can recover can vary largely from case to case, but typically include the following:
Property damage
Property damage is often the quickest to assess because the vehicle has a determined value, and because the physical damage is apparent. The owner’s degree of fault is usually taken into account; that is, if he or she is 30% at fault, the property damage claim is likewise reduced by 30%.
Medical expenses
Insurers typically cover the cost of treating injuries caused by the accident, including emergency room expenses, physical therapy, and medical devices such as braces or crutches. One can also file claims for future medical expenses relating to the injury, such as rehabilitation and continued medication. However, examinations done for litigation purposes are usually not covered.
Pain and suffering
Victims can also file claims for physical pain resulting from car accident injuries. Working with medical professionals, the jury will then determine the severity and duration of the pain and declare a corresponding damage amount.
Mental anguish
Damages can be claimed for mental or emotional difficulties that arise from the victim’s injuries. These include anxiety, grief, shock, humiliation, fear and nervousness. Mental suffering is also common among victims who have been disfigured from the accident.
Lost wages and earning capacity
If a person is unable to work as a result of the accident, he or she can recover the wages that would have been paid during the period. In case of lost earning capacity, wherein one’s ability to make money is reduced by his injuries, the jury may take into account past earnings and the amount that the person might have earned otherwise.
Loss of consortium
A victim and/or his spouse can file for loss of consortium, or the loss of sexual relations and other benefits of married life as a result of the injuries. However, this claim can only be awarded if the injured spouse recovers damages as well. To prove and assess the claim, the jury takes into account the life expectancy of each spouse, the stability of the marriage, and how much of the said benefits were lost.
This article is not intended as legal advice.
Additional website: For more information about car accident claims, visit The Barber Law Firm. Serving clients in Dallas, TX.