If you are the victim of an auto accident, there are many types of damages that you can claim in a personal injuries lawsuit. While medical expenses are the most common, you can also seek damages for lost wages, diminished employment opportunities, pain, suffering, and loss of affection. This is also known as “loss of consortium”. This article will focus on the most common types of damages someone who has been in an accident with a car may be interested in seeking.
Injuries from a car accident can range from minor cuts and bruises to more serious injuries like paralysis or permanent disabilities. You should also be aware that some injuries may not show symptoms immediately or require additional medical attention down the line. If you suspect you have been hurt in a car accident, you should get a complete medical exam.
A car accident can result in medical expenses that may include, but are not limited to:
- If you have a brain injury, physical and/or cognitive therapy may be offered.
- Ambulance charges
- Consultations with healthcare professionals
- Accessories like heat pads or crutches
- Disfigurement (see below for Pain and Suffering);
- Permanent disability
- Services at-home (even if they are not medical).
Your attorney can calculate the probable costs if your doctor believes that you will require additional treatment or therapy. These estimates can be provided by doctors and other health care professionals. The surviving family of a motorist who is responsible for the death or injury to another motorist could file a claim in wrongful death. This includes any medical expenses incurred between the time of the accident and the time of the death.
Both pain and suffering
Legally, pain and suffering can be defined as any mental or physical distress that results in the filing of a lawsuit. The type of injury, severity of the pain, and prognosis of future pain are the factors that determine the damages. In addition to physical and mental pain and suffering, there may be emotional and/or mental damage resulting from the incident. For a loss of enjoyment or general pain and suffering, some states permit plaintiffs to include this.
Different states may award different amounts of damages for pain or suffering. Some states allow jurors to assume there must be pain and suffering in a bodily injury. Others require that the injured party have a period of consciousness to support that claim.
Injuries can result in a loss of earning capacity after a car accident. You may be unable to work because of physical therapy, hospitalization, mobility problems, or any other factor that affects your ability to earn your normal wages. The evidence must show that your injuries have affected or decreased your ability to make money in the future. This is primarily based on past earnings. The jury will also consider your age, occupation, skills, experience, and expected life expectancy.
Loss of Companionship or Affection
An injury can result in you and your spouse being unable to show affection or sexual activity if you’re married. This is called a “loss to consortium”. The spouse who is not injured can claim loss of affection, companionship and/or consortium. This is unlike other types of damages. These types of damages cannot be recovered if there aren’t any damages for your injuries.
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In the event that a motorist is killed in an accident, his surviving family members can claim damages for loss of companionship and society. The jury will consider whether:
- The plaintiffs and the deceased motorist shared a loving, harmonious relationship.
- Their living arrangements
- The general impact of the motorist’s passing on the family members who are left behind.
What Damages Can You Claim?
If car accident injuries have affected your life, or those close to you, you may be eligible for any of the damages in a personal Injury lawsuit. Do not delay in seeking the advice of a lawyer. Contact an experienced motor vehicle accident lawyer in your area to get started.