Once fault is established against a negligent party, there are several different kinds of damages a car accident victim can claim. You will need an experienced attorney to make sure all elements of damage are considered in your injury claim.
PROPERTY DAMAGE - This claim is for the damage to your car and its contents. This includes repairs to your car, replacement of your car if it is totaled, rental car expenses and compensation for any damaged valuables inside the car.
MEDICAL BILLS - You should also make a claim for payment of your medical bills such as ambulance, emergency room, physical therapy and prescriptions costs. This claim can include health insurance payments, bills you paid yourself and amounts still outstanding and owed. You also need to consider future medical costs that you may continue to incur for years after your injury.
PAIN AND SUFFERING - Often categorized as "general damages," this element of damage includes anything from physical pain and suffering, loss of use or mobility of a particular injured body part, need for future medical procedures, scarring, disfigurement and emotional or psychological trauma suffered from an accident. Injury victims can claim future pain and suffering over the course of their lifetime by the use of life expectancy tables.
ECONOMIC LOSS - This element of damage includes but is not limited to lost wages. Economic losses must be quantifiable. These damages are often evidenced by the use of employment records such as salary or hourly wages lost as a result of an injury. You can claim vacation time and sick time that you used as a result of an accident. This is because you would not have lost this time but for the negligence of another. Homemakers can also suffer economic loss because economic value is placed on household activities that one can not perform as a result of an injury.
LOSS OF CONSORTIUM - This refers to the deprivation of the benefits of a family relationship due to the injuries caused by a negligent party. Loss of consortium claims are reserved for family members of injury victims, such as spouses, who can show damage to their relationship or or loss of familial benefits of that relationship with their injured family member.
If you have questions about the damages you suffered as a result of an injury or how to prove those damages, call us for a free consultation at 314-300-8380.