The purpose of personal injury law is to allow individuals who have suffered injuries or losses due to another party’s negligence to seek fair compensation. Damages are the remedy that an injured party requests a court to award them. These financial amounts are intended to compensate them for their losses and restore them as closely as possible to their position before their accident or injury.
In a car accident claim, a claimant will typically seek compensation through the other driver’s insurance company or by filing a civil claim in court. The amount awarded will vary depending on the circumstances. According to the Insurance Information Institute, the average auto liability claim for property damage was $6,551 and the average auto liability claim for bodily injury was $26,501 in 2022. In this article, we will take a closer look at damages that are commonly awarded in car accident claims.
Medical Expenses
The injuries sustained from a car accident can range in severity. In many cases, medical attention is required, causing injured parties to incur the following types of medical expenses:
- Ambulance fees
- Hospital stays
- Emergency room visits
- Medication and treatment
- Diagnostic tests
- Assistive devices
- Ongoing care
Claimants should ensure they receive the medical attention they need following their accident. Failing to do so could compromise their claim and reduce the damages awarded due to a failure to mitigate their losses.
Lost Wages
The aftermath of a car accident could result in injuries that impede the claimant’s ability to work. This may require claimants to take time off work which may extend beyond their entitlement to sick pay. In extreme cases, claimants may be left with injuries that cause permanent disability or prevent them from returning to work again.
The damages awarded to a claimant may compensate them for their lost wages as well as their loss of earning capacity in the future. This calculation will take into account various factors such as the claimant’s skill level, education, work history and age.
Loss of Consortium
Loss of consortium refers to the deprivation of love, companionship, and intimate relations that a spouse or partner may experience following the injury or death of their loved one.
Claimants should be aware that a loss of consortium claim is often subject to scrutiny regarding the private aspects of their marriage or relationship. It is, therefore, advisable to seek legal assistance from a car accident law firm to ensure any questions can withstand questioning by a defense attorney or insurance firm.
Pain and Suffering
Damages for pain and suffering are commonly awarded in car accident claims. This non-economic category of damages is intangible in nature, and therefore, more subjective and often challenging to assess compared to tangible losses like property damage. Pain and suffering refer to both physical pain as well as emotional pain such as mental anguish, anxiety and psychological trauma.
When assessing damages for pain and suffering an insurance company or court will typically consider the severity of the injury, the duration of the pain and their impact on the claimant’s life.
These are the main types of damages claimants can expect to be compensated for in a car accident claim.
