damages in a car accident injury claim

A Guide to the Types of Damages in a Car Accident Injury Claim

If you have been in a car accident as a result of the negligence of another driver, you may be entitled to damages in a car accident injury claim. As a victim, preparing for a personal injury lawsuit is difficult. Why? Your attention is on recovery.

Despite this, you have a right to pursue a claim for damages. You may be wondering what types of damages you are entitled to? Generally speaking, damages include medical expenses, replacement or repairs to property among others. 

Want to know the different types of accident damages in a car accident injury claim?

Keep reading! 

Type of Damages in a Car Accident Injury Claim 

You can seek damages in a car accident injury claim if the injuries impact your life and those of your loved ones. By doing so, the insurance company compensates you for pain, economic loss and more. 

Here is an in-depth look at the auto accident claims. 

Lost Wages and Potential Earnings  

As a result of car accident injuries, you will be in the hospital recovering. Apart from recovery, you will undergo several physical therapy sessions. This helps to strengthen your limbs and fast track healing. 

Other factors that may prevent you from working include the length of time spent in the hospital and mobility issues. As such, you will lose your earning capacity. This entitles you to damages to cover lost wages.

Medical Expenses  

Medical expenses vary depending on your injuries. At the hospital, the doctor will carry out a medical exam to find out your injuries. As such, these are some of the fees you will incur:  

  • Ambulance fees  
  • Physical and cognitive therapy  
  • Consultation with the doctor and other medical professionals  
  • Physical and cognitive therapy 

What you need to know is that not all injuries manifest themselves after an accident. As such, you may need extra medical care. If your doctor recommends medical therapy, your attorney will include the costs as damages in a car accident injury claim. 

Car Accident Pain and Suffering

As a car accident victim, you can seek damages for physical and mental distress. These damages are generally based on pain suffered, type of injuries and any future pain stemming from the accident. Your attorney may include damages for mental and emotional pain you may incur later. 

For instance, stress and anxiety. What you need to know is that not all states award pain and suffering damages equally. Some states may decide to award you for general loss of enjoyment of life while others may not. 

Loss of Consortium

Loss of consortium is a legal term referring to the loss of affection. If you were married before the accident, your spouse can receive damages for loss of affection. As you already know, time spent in the hospital recovering means no companionship from your spouse. 

What you ought to know is that your spouse cannot claim these damages (loss of consortium) if you do not recover. In case of the victim’s death, the family has a right to claim companionship and loss of society damages.

Getting the Best Legal Representation

If you want the maximum compensation for damages in a car accident injury claim, get the best legal representation. By hiring a legal professional with experience, he or she will battle for you in negotiations with the insurance adjuster or in court. 

For the best legal representation, get in touch with us today. We at the Elan Law Firm will ensure all your legal needs are met.