Car is an indispensable part of most people’s lives and living without a car is unimaginable for most of them. But the hard truth is that improper driving can cause serious car injuries. Though most of us try to avoid such situations, it is always good to be aware of the laws surrounding it for your own safety as mentioned below, so you can recover the maximum claim.
The judge and jury’s main aim is to help the victim get closer financially to where they were before the incident. Figuring the damages is not as straightforward as it seems. We can further break compensatory damages down into subcategories.
These losses are less ambiguous to settle and can be estimated by calculating the losses explained as below.
This is absolutely straightforward and related to medical expenses. If the other party is found liable for causing injuries then the medical expenses such as surgery, physical therapy, medicines, or anything else associated with the treatment will be compensated and covered in the settlement.
If you have incurred a significant injury that you had to miss time from work then you will be eligible for compensation for the lost wages. If you were unemployed at the time of the accident, you may still recover damages for potential earnings.
Lost Future Earnings Potential:
Some injuries may be so severe that it hinders the victim’s potential to reach their full earning potential that would also be covered in the settlement.
These damages are more challenging for the jury to quantify as discussed below.
Pain and Suffering:
This may include physical pain as well as emotional distress. Non-economic damages are also related to pain and suffering and are a valid source of compensation.
Loss of Consortium:
If the plaintiff is married then the spouse may seek monetary damages as well for the loss of consortium. This may be on the basis that the victim is unable to provide his or her spouse with emotional, physical, or financial support.
If the defendant’s action is irresponsible or malicious, then the jury may decide to go beyond just settlement and consider it as not enough of a punishment. This is to discourage them from conducting similar behavior in the future.
But not all states allow the punitive damage compensation, and in the states where this is allowed, there is a punitive damage cap in fixed dollars or as a ratio on the compensation figure.
The Bottom Line- Hire Expert Lawyers:
There are several ways a victim can be compensated for these injuries, and each case is unique with their own outcomes. The best way to make the maximum claim is by hiring expert car accident lawyers right away so they can be involved in the case from the beginning and end up your sufferings soon. You may already be suffering from the trauma of the car accident; it is better to leave all this legal ugliness to the experts as they have higher chances of getting you a fair deal that you deserve.