Being involved in a car accident can be overwhelming. Whether you are a driver or a passenger dealing with the physical and emotional turmoil of this traumatic event can be difficult. These feelings of stress can only be added to when an insurance company or an attorney starts to throw around complicated legal jargon.
One term that you may hear quite a lot when you pursue a personal injury claim for a car accident is “damages”. While this word may seem like its referring solely to your car, or injuries you have, it actually refers to much more than that.
A personal injury claim is complicated. In fact they are designed to be this way by insurance companies so that they can try to minimize your claim as much as possible. At LifeLaw Personal Injury our attorneys believe it is important to demystify the confusing aspects of a personal injury case, and in this article we will be delving into exactly what “damages” are in your case, as well as what damages can be claimed in the event of a car accident.
What Are Damages?
In personal injury law, attorneys and insurance adjusters throw around the term “damages” constantly, but what exactly does it mean? Damages refers to everything that you have suffered from your accident, and can be broken into three categories: Economic Damages, Non-Economic Damages, and Punitive Damages.
These “damages” are the foundation of your personal injury case, and will be used as the direct pieces of evidence to determine the settlement that you will receive for your case. So, what exactly do each of these three damages entail?
Economic Damages
Economic damages, also known as special damages, reference any of the expenses that you have incurred through the recovery process. These damages are objectively quantifiable with a direct monetary value and can include:
Medical Expenses: Typically in a personal injury case your medical expenses are by far and away the most significant damages you can claim in an accident. These medical expenses cover your past, current, and future medical treatments related to the injuries you have sustained in your accident.
These damages include your hospital bills, cost of recurring treatment, costs of medication, surgical expenses, as well as any fees for rehabilitation or therapy.
Lost Wages: If your injuries happen to prevent you from working, or you have missed large amounts of work due to injuries then you can claim compensation for lost wages. This claim will include the income that you have lost from missing work, and in some applicable cases, future earnings you may lose due to a decreased capacity to work.
Property Damage: In a car accident your vehicle will typically have minor to severe damage, and your property damage claim will cover the costs to repair or replace your vehicle. These damages can also include the replacement of any personal property that was damaged in the accident, such as a smartphone, laptop, or a bicycle.
Non-Economic Damages
Another of the three damages you can claim are non economic damages, or general damages. These damages make up all of the non-monetary aspects of your accident, and because of this they can be harder to quantify. These damages are subjective and will vary greatly from one case to another.
- Pain and Suffering: Pain and suffering is an all encompassing term for the physical pain and emotional toll that comes from your accident. Because of this, calculating this figure can be complex as it relies on several factors. These factors include the severity of your injuries, the potential for ongoing discomfort or pain, and the impact that it may have on your quality of life.
- Emotional Distress: Separate from your pain and suffering, emotional distress covers the psychological impacts of your case. If you are suffering from anxiety, depression, PTSD, or are experiencing a loss of enjoyment of life from the accident then you may be able to claim these damages in your case.
- Loss of Consortium: Loss of consortium is a type of compensation that is granted to the spouse or close family member of a person who has been severely injured or killed in an accident. These damages are used to cover the potential loss of companionship from an accident or the impact that it may have had on a relationship.
Punitive Damages
Punitive damages refer to damages that may be claimed if the defendant’s actions were found to be particularly reckless or malicious. These damages are not meant to compensate the victim necessarily, but rather to punish the wrong doer and hopefully deter similar actions in the future.
Some examples of actions that may warrant punitive damages include drunk driving, reckless speeding, or a driver causing a fatal crash.
Wrongful Death
In the tragic circumstance that a car accident has resulted in death for the victim, then the victim’s family will be able to claim a fourth type of damages for a wrongful death lawsuit. In these cases you may be able to recover damages such as:
- Medical Costs: Any of the expenses from medical treatment that the deceased may have undergone before they passed away due to their accident. These costs can include emergency room visits, or potential life saving surgeries.
- Funeral and Burial Expenses: The expenses that are incurred from a funeral service and a burial can be covered in the event of a wrongful death.
- Loss of Income: Compensation for the earnings the deceased would have provided had they lived.
- Loss of Companionship: Compensation for the emotional loss and companionship for the surviving relatives.
The aftermath of a car accident can be traumatic, and may consist of consistent medical treatment, difficult physical therapy, and emotional trauma. However, the aftermath can be mitigated through the legal recourse that comes from being able to seek compensation for the various damages that you have suffered from.
While understanding what damages you can claim is helpful for your case, consulting with a skilled Utah car accident attorney can be vital for your case. Your skilled Utah car accident lawyer will help to clarify what you will be able to claim for your case, and ensure that you receive the compensation you deserve for your losses.
If you or someone you know has been involved in an accident, your next steps can be vital for your case, so give LifeLaw Personal Injury a call to discuss your options. Our team of the best car accident lawyers in Utah will fight to protect your rights, and ensure that you get the compensation you deserve. If you have been injured and do not know what to do next, give us a call today at 801-206-4002 for a free consultation!