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Common Types Of Compensatory Damages that a Car Accident Victim Can Claim
If you are involved in a car accident and the accident was as a result of someone else’s fault, you may be entitled to receive compensation. Furthermore, it is possible to file a car personal injury claim if the crash was caused by poor state of roads or your car had defective vehicle parts.
Personal injury laws may vary greatly depending with the laws and regulation of a particular state. That means you have to seek advice from injury lawyers before attempting to file a suit. Besides that, there are important deadlines you must work with, failure to which the suit will become invalid.
Because there are numerous types of auto accident personal injury claims, it is best to familiarize yourself with some of the most common types of claims.
1 Medical expenses claim
Car accidents may leave you with any type of injury. Injuries may range from a few bruises here and there, to long-lasting injuries or permanent impairments. Furthermore, some injuries may not show signs during the early stages. Other forms of injuries may need additional medical care for a long period of time, which is why you must go for a thorough check-up if you believe you may have been injured in one way or the other.
Medical expenses may prove to be costly, and you may not be able to settle them yourself if you are not in a position to. They come in form of consultation fees charged by medical care experts, ambulance fees, therapies, in-home services and many more.
If a motorist is responsible for the death of another motorist, then the family of the motorist who passed on could file what is called “wrongful death”. Besides that, they will also pay for any medical expenses that the family might have incurred before the death.
2 Loss or property damage
It’s common for people involved in an auto accident to file this type of claim. They usually suffer from damage or loss of their property, which prompts them to seek compensation of some kind. When property damage occurs, it’s easy because the insurance firm can calculate and estimate the value of the damage before compensation can take place.
3 Pain and suffering
People who encounter this type of pain, whether physical or mental may seek for compensation too. These injuries are compensated based on their extent or the likelihood of them causing pain to the victim in the future. Physical or mental /emotional damage are categorized under pain and suffering. These may qualify for compensation, and in some states, pain and suffering is seen as a loss of enjoyment of life.
Again, it’s important to note that not all states treat this form of injury equally. Some courts will only compensate when there is some form of physical injury associated with the accident. Other states will compensate when an individual proves that the pain is interfering with their daily living, and that normally takes place after some time.
Auto accidents may inconvenience victims in one way or another. For example, when a victim losses a limb, that may qualify for compensation due to the inconvenience it causes to the person involved. Any form of inconvenience will generally qualify for compensation in most states, if not all.
5 Loss of consortium
This is a damage that seeks to compensate a person who may be injured in an auto accident only if the injury is affecting their relationship with their spouses. If the accident affects their ability to build a strong relationship with their spouses, or their ability to have sex, this may qualify for compensation under loss of consortium.
6 Loss of income
As a result of the accident, a victim may not be able to generate income the way they used to before the accident occurred. If the injury is so extreme that it results in disabilities, then the victim qualifies to be compensated on the same. They are compensated due to their loss of earning capacity.
You need to seek the services of a good legal expert because such damages are fiercely contested since the victim wants to be compensated fairly yet the defendant is not ready to pay that amount of money.
The above damages are just some of the most common types of car accident claims that victims may go for. But the most important thing to do is to see a legal expert at the earliest opportunity possible in order for your claim to have a fair chance of being successful.