In general, a person who is injured in a car accident can be compensated for the actual costs of their medical expenses, property damage, economic damages (such as loss of income), as well as physical and emotional pain and suffering. Lawsuits involving motor vehicles accidents can be very complex. In order to obtain the proper amount of compensation to which you are entitled, you should speak with a personal injury attorney who is experienced in motor vehicle accidents and compensation.
A. Damages
In all negligence cases, including car accidents, the injured person may be compensated for the costs of past and future medical and rehabilitative services, past and future physical and mental pain and suffering, past lost income and loss of future earnings capacity, permanent injury and permanent scarring or disfigurement. If an injured party had a previous condition or injury and that condition or injury is made worse by a motor vehicle crash, the injured party may obtain compensation for the exacerbation of the previous condition or injury
B. Damages for Family Members
An injured parties spouse may also be entitled to compensation due to the harm caused to the marital relationship, known as “loss of consortium”. Loss of consortium refers to any harm to the martial relationship that was caused by the accident. This harm may include loss of the spouse's society, companionship, reassurance, affection, consolation, moral support, sexual relationship, ability to have children, as well as the spouse's physical assistance in operation and maintenance of a home.
C. Insurance
Generally, the person injured in an accident will be compensated by the insurance company of the driver who was responsible for the accident. If that driver does not have insurance to pay for the damages they caused, the injured party will be able to make a claim against their own insurance company if they have purchased uninsured motorist coverage (UM). If the driver that caused the crash does not have enough insurance, the injured party may be able to make a claim against their own insurance coverage if they have purchased underinsured motorist coverage (UIM). Additionally, in injured party is entitled to have their own insurance company pay for medical expenses and wage losses if they are insured under a no-fault policy. If you have been in an accident, a personal injury lawyer experienced in motor vehicle accidents will help you review your insurance policies and determine what benefits are available to you and whether you have a viable claim to proceed against a negligent driver. Please read our pamphlet “Understanding Auto Insurance“.
D. Amount of Compensation
In a car accident case, the amount of compensation depends on a multiple number of factors. Some of those factors include:
- the degree to which another party was negligent
- the type and severity of the injuries sustained
- the type and amount of medical care required for treatment of the injuries
- the amount of lost wages
- the amount of any lost earnings capacity
- the permanency of the injuries
- the length of time which an injured person is likely to continue to suffer from the injuries
- the amount of insurance coverages that are available
- Each motor vehicle accident case is unique, so it is important to contact an experienced personal injury lawyer to analyze the facts of your claim to determine fair compensation for the injuries.
E. Conclusion
Horrible injuries can result from a motor vehicle accident. Severe injuries can influence not only the accident victim, but also his or her family. Even relatively small injuries can stress a family, if those injuries require medical care and require time away from work. If you have been injured in a motor vehicle accident, a personal injury lawyer can answer your questions about the compensation you can expect for your injuries. Your motor vehicle accident lawyer will assist you by pursuing the person or the company that caused your injuries, verifying the amount of insurance coverage available and making sure you obtain proper compensation for your injuries.