5 Types of Damages You Can Claim After a Car Accident

Published on: 26 October 2018 Last Updated on: 14 October 2024

When you suffer through the ordeal of a car accident, you’re entitled to payouts for certain types of damages. Depending on whose fault the accident was, the damages you can claim might be limited. Consulting a good attorney will help you to understand what you can or can’t claim.

The US legal system is one of the best in the world for victims of accidents, as it allows you to claim damages through traditional means and also civil cases if required. That means if you suffer because of another person, you have a very high chance of receiving a payout. Today we’re looking at 5 different types of damages you could claim after a car crash.

1. Medical Expenses:

Medical expenses are the first thing to come to mind and the big area which most people are already aware of. After an accident, any medical care and treatment for you should be covered by the payout. One piece of advice – get the treatment before accepting a payout or ask the other side to pay for the treatment. Settling on a fixed figure before treatment leaves you vulnerable because you may require more treatment than expected, so your expenses could end up being higher than the settlement.

This is why it is best to contact a car accident lawyer in New York that can help you manage your medical bills. They can work with the hospital authorities and the insurance company to ensure that your recovery process is as smooth as possible. If you are not in a position to walk or require complete bed rest, you can imagine how difficult it would be to keep running around and get all the paperwork in order. Taking help from an expert car accident lawyer can be the best option to aid in faster recovery.

2. Pain & Suffering:

Pain & suffering is related to the injuries you receive as well as any mental or emotional pain/suffering. Medical expenses cover actual treatment but this area covers compensation for the time you’ve suffered or spent in pain. For example, experiencing the pain of broken bones for a couple of hours before receiving pain relief would classify as pain & suffering.

3. Loss of Income:

If you need time off work, for recovery, or for court obligations, you’re entitled to lost wages for this time. Any other lost income, including self-employed income, can also be compensated. In the case of long-term injury, this area of damages can go as far as factoring in your lifetime earnings – especially if your family relies on it. There are also times when the unemployed can claim lost income on the basis of it harming your ability to work in the future.

4. Property Loss/Damage:

Any valuables that are damaged or lost should also be compensated. This obviously includes your car but it can extend to other valuables as well, such as contents of the vehicle, items you had on your person, and even jewelry & clothing if it is lost or damaged during the accident.

5. Loss of Companionship:

This one can vary from state to state, but generally, you can claim for loss of affection/companionship.

Usually, you need to be married to apply for this. Though it could be possible for unmarried couples who can prove an ongoing long-term relationship in some states.

Sometimes known as loss of consortium, this type of damage covers the loss of an intimate relationship. It can also apply to children if the accident has left a parent unable to show the same nurturing and affection given previously.

What about Future Expenses?

By now we all know the common types of damages you can claim after a car accident—medical expenses, pain, and suffering, loss of income, property loss, and loss of companionship—there’s an important area missing!

What about future medical expenses?

Why Future Medical Expenses Matter

After a severe accident, the healing process doesn’t stop once the initial medical treatments are over.

We are talking about long-term rehabilitation, follow-up surgeries, therapy, or even ongoing medication, which are often necessary. So, these costs can add up over time.

Many victims fail to claim future medical expenses, leaving them financially burdened for years.

How to Account for Future Medical Costs

When negotiating your settlement or preparing for court, it’s essential to factor in potential future medical treatments.

This may require gathering medical expert testimony or thorough documentation from healthcare providers detailing your recovery outlook. Don’t settle too early!

Without considering future costs, you may receive far less compensation than you truly need to cover your medical journey.

Therefore, missing out on future medical expenses in your claim can be financially devastating.

Whether you’re working with an attorney or navigating the process alone, always account for the long-term impact of your injuries.

How will your recovery look months or years from now, and are you prepared for those costs?

Read Also:

Content Rally

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

View all posts

The Basics of Bail Bonds System

If you’ve never used bail bondsman services before, you probably don’t know how it all works. You’ve most likely heard it on the news somewhere ‘the defendant was released from prison on an insert-amount dollar bail until trial next month’, or you’ve seen it on TV or in a movie. The point is, it always goes along the same lines. But how do bail bonds work? We reached out to bail bonding professionals at BailCo LLC for a crash course in bail bonds. Why is there a need for bails? Simply put, when someone’s arrested, they’re taken to a police station for booking, and the process includes having mug shots taken, fingerprinting, and giving a statement. Then that person is held in prison until they can have their day in court. Alternatively, a person can post bail and leave prison until their trial. However, bails are usually very steep, and the defendants usually cannot pay them themselves, or even with the help of friends. This is where bail bonding agencies come into play, to ensure that people don’t needlessly sit in jail. Ok, so what is the bail itself? Basically, bail is a contract, usually between the bail bonding agency and the court, on the behalf of the defendant. The defendant will be released from prison to await trial, provided that they give some insurance to the agency, in form of money, property, or bonds. The amount of money needed to post bail is set by the court. The court’s end of the agreement is to release the defendant, while the bail bonding agency’s end is to make sure that the defendant shows up for their court date. Since these bonds are usually not cheap, some courts accept payments of full bonds, but they also agree to only be paid 10% of the bond, as a down payment, in order to release the defendant. Should the defendant skip, the agency is accountable to pay the rest to the court? Since the agencies also have a lot of money on the line in this situation, they need a way of protecting themselves in case the defendant skips their day in court. The agencies can hire bounty hunters to track down the fugitive defendant. The USA is one of the last countries to still allow bounty hunting. How does the Bail Bonds system work? The bail bondsman puts up the bail set by the court, and the defendant is released. It is important to note that a fee of usually 10% must be paid to the bail bondsman in order to cover the expenses of the agency. If everything goes well, and the defendant shows up for the court date, the full amount of the bail is returned. Except for the money given to the agency as a fee. This is kept by the bail bonding agency, for services rendered. Can anyone just post bail? Well, no. Bails are usually not given to people who have been accused of committing severe crimes, especially those crimes of a violent nature. The courts prefer having those individuals in prison, to avoid any further criminal behavior. But most other people are offered this option. And of those, the overwhelming majority of them go for it. It is a difficult time in the defendant’s life, and staying in prison during all that time could be even more so. Feeling the support of one’s family really does mean a lot, and bail is here to provide it. Read Also: 6 Reasons to Contact a Lawyer before an Arrest in Knoxville Why Are Court Reporters Necessary? What You Can Expect from a Criminal Defense Lawyer

Why You Need To Consult With Employment Attorney Law Firm In California?

In the cases of whistleblowers, or employees who have been returned to the workplace after winning a wrongful termination suit, any action taken by an employer that is "materially detrimental" to an employee is considered retaliatory under the law. The following are examples of materially detrimental actions: Dismissal Being moved to a less desired position Being passed over for a promotion Not being hired/promoted are all examples of adverse employment actions. In addition, significantly unfavorable actions are measures that an employer might use to discourage an employee from engaging in a protected activity are also prohibited. Some of these unfavorable actions might include: Negating compensation for work. Click here for more on employee compensation. Suspending Any abuse or threats Damaging, erroneous assessments of, or reports about, family members' treatment So What May You Do Without Fear Of Reprisal? According to the statute, workers are shielded from retaliation for engaging in certain "protected activities." The following statutes establish these guaranteed rights, and the EEOC is responsible for enforcing most of them. Relevant laws are: Specifically, the (ADA), The Age Discrimination in the Workplace Act (ADEA) The Title VII of the Civil Rights of 1964 Section 501 of said Rehabilitation Act There are also laws protecting employees' right to fair compensation and privacy of medical information and the safeguarding of employee privileges The US Dept of Labor established OSHA to shield workers who blow the whistle by filing complaints or exercising their rights from any kind of reprisal. Go to Whistleblowers.gov for additional information. There are strict deadlines for reporting retaliation that must be met before a claim can be filed with OSHA. Three Broad Types Of Lawful Pursuits These broad categories are summarized in this article and include the vast majority of legally sanctioned pursuits: If an employee has a good faith and reasonable suspicion that their employer is engaging in unlawful conduct, he or she has a duty to disclose this suspicion, either to the company's internal compliance department or to the appropriate authorities. An employer cannot take any action against an employee that would have a "materially detrimental effect" because of this protected behavior. Real-world scenarios where an employee could disclose criminal activity include: Disclose sexual harassment incidents Having experienced prejudice of some kind Confronting dangerous workplace circumstances and reporting them False claims that the employer violated the law by not paying overtime or providing mandatory breaks What is known as "whistleblowing" is a distinct field, however, any of these circumstances may be covered under the broad term of whistleblowing. Possessing And Using One's Employee Rights Many different agencies, both federal and state, have tackled the issue of protecting workers' rights. Limits on drug testing, the right to a minimum salary, paid and unpaid parental leave, the ability to return to civilian employment after military duty, the right to a safe and healthy workplace environment, etc. all fall within this vast category of employment law. The threat of retaliatory wrongful termination (https://en.wikipedia.org/wiki/Wrongful) exists whenever an employee seeks to exercise a legal privilege that is not to the liking of the employer. Here are some frequent instances in which an employer may retaliate against a worker who is only asserting his or her rights: Making a request for reasonable accommodations due to a disability or religious beliefs Asking for a cut of tips received Using paid time off for things like medical leave or civic duties like voting or jury duty Taking part in a government inquiry - Employees have the right to take part in any legal proceedings, including investigations and hearings, that involve their employer. This includes situations when an employee is asked to testify against their employer in court or when they voluntarily offer information to government authorities about the company's procedures. There is an almost infinite list of potential motives for retaliation against a worker. Retaliation cases have the largest volume and proportion of all EEOC claims. Retaliation allegations have been on the rise over the years, now making up about 45 percent of all claims filed with the commission. Verifying Retaliation These three conditions must be met before an employee may file a claim with the EEOC against their employer: There had been a protected event. Employer reprimand or discipline All of the aforementioned are linked together because of a causal relationship, which proves retaliation. It is reasonably difficult to prove the third criterion, the connection between the employee's protected action and their subsequent firing. There can always be a “reason” for employee termination, especially in a right-to-work state. This means any and all evidence to the claim must be handled in a timely and efficient manner by an employment attorney to provide the appropriate documentation to file a case. The link might be established based on either direct or circumstantial evidence. Finding remarks in writing or verbally that show the case is an example of direct evidence, whereas circumstances that suggest retribution were taken into account indirectly are examples of circumstantial evidence. The burden of proof is with the employee; it is not on the employer to refute the allegation. For retaliation to be presumed to have taken place, there must be evidence that supports that likelihood. Protections Against Retaliation If the court finds that retaliation occurred, the following compensation is possible: Pay in advance or readmission to work pending employment Discretionary funds The costs you spent before, during, and after your employment ended unfairly Legal costs and time in court Compensation for mental anguish Damage awards against private companies as punishment In many instances of retaliation, the parties are able to come to an agreement out of court and avoid going to trial. The amount of a retaliation settlement is determined by the nature of the dispute and the likelihood of the result. Companies often choose to settle employment disputes rather than risk the high costs of litigation if an employee has a compelling case. However, it is always important to speak with a professional employment attorney as quickly as possible in order to ascertain the validity of your case. Read Also: Can an Employee Claims for a Personal Injury When Working From Home? Understanding How Employee Recognition Can Aid Your Consulting Firm Picking the Right Law Firm for You and Your Family

What Is Considered A Personal Injury?

A personal injury is an injury that a person receives while they are not at work and not in their workplace. Personal injuries can be caused by negligent actions and omissions, or negligent failures to take precautions, of those responsible for the safety of the injured party. A personal injury can also occur as a result of negligence on the part of another person or entity. A personal injury can occur when a person suffers bodily harm, mental suffering, psychological trauma, death, or another form of damage that can be considered a financial loss. Personal injuries are caused by several different things including motor vehicle accidents, slips, and falls, defective products, medical malpractice, boating accidents, dog bites, and property damage. A personal injury can cause you to incur expenses for medical care and other expenses related to the accident. The most common form of personal injury is when there is a car accident that causes physical injuries to a person or damage to their vehicle. This can also include damage to another person's vehicle or property as well. Recoverable Expenses in a Personal Injury Claim: Medical bills for treatment related to an injury, or for a condition caused by the accident, damages for lost wages, loss of earning capacity, pain and suffering, and other bodily injuries. These expenses can be estimated fairly accurately as they often witness medical records. Personal costs of living because of the accident such as loss of work due to injury or medical treatments including dental costs. An attorney can advise you on your rights, guide you through the legal system and work on your behalf to resolve the accident. The attorney will be able to help question witnesses and gather documents, photos, etc., that may be needed to prove that the accident was caused by someone else's negligence, and not yours. Determine Your Eligibility for a Personal Injury Claim: In order to receive benefits under the Workers' Compensation Act, or other federal or state laws, you must have first been injured as a direct result of the actions or negligence of another person. A situation that is considered an "industrial injury" is one in which you do not ordinarily find yourself working in the same type of industry that caused your injury. The injuries for which you are receiving compensation can be caused by any accident in which you were involved whether it be a car accident, dog bite, slip, fall, etc. The main factor that is considered in your eligibility for compensation is whether or not the injury was directly caused by the actions of another party. If a person's injuries are deemed to be an "industrial injury" they may not be able to receive compensation under workers' compensation. The parties that are responsible for the accident will still be held responsible for any personal injuries as well as property damage incurred or caused by the accident. An Accidental Injury Can Be Dangerous and Costly: There are many reasons why someone may want to file a personal injury claim. Whether you or a loved one has been hurt in an accident, you may want to speak to an attorney about your rights and options. A personal injury attorney can help take some of the stress and worry out of dealing with insurance companies and ensure that your claim is processed correctly and fairly. Personal injuries can be very dangerous and expensive. A personal injury attorney can help guide you through the process and make sure that your rights are upheld. If you have been injured or know someone who has, a personal injury attorney can help you navigate the complexities of insurance companies and medical bills to get the compensation you deserve. Make sure that your rights are protected and get in touch with a personal injury attorney today to get started with your claim. The Benefits of a Personal Injury Lawyer: 1. A Personal Injury Lawyer can help you when you do not know where to start. Many people are fairly certain that they know the answers to their questions or that they are doing all they can to resolve the matter on their own. However, if a personal injury has been caused by someone else's actions, it is possible that an attorney can assist you in determining what your rights and legal rights are. 2. If you have been injured in an accident, a personal injury lawyer can help you understand your rights under the law, and how to defend those rights against those who may be responsible for your injuries. They can also help you make sure that the process of pursuing a claim is done correctly. 3. Personal injury cases are complex and can require a lot of time to resolve properly. A personal injury attorney can guide you through every aspect of your case so that it can be properly resolved as quickly as possible. 4. Personal injury cases can sometimes involve multiple parties who may be responsible for the accident. On top of dealing with insurance companies and medical bills, you may also have to deal with more than one party who is responsible for your injuries and their actions. An attorney can help you go after all parties that may be responsible for your injuries as quickly as possible so that you're able to recover compensation for what you've been through as quickly as possible. Conclusion: When you have been injured in an accident, the last thing you want to deal with is figuring out who is responsible for your injuries and how to resolve the issues related to your accident. You may be dealing with physical injuries, emotional injuries, and severe financial strain that makes it hard to see the way forward. A personal injury attorney can help you understand your rights under the law so that you can make sure that everything is done properly and fairly. Additional: Top 10 Colorado Springs Personal Injury Attorneys Red Flags To Avoid When Hiring A Personal Injury Lawyer What Are The Effective Ways To Communicate With A Personal Injury Lawyer Filing A Personal Injury Lawsuit In South Carolina: Here Are 7 Things You Should Know

5 Types of Damages You Can Claim After a Car Accident

1. Medical Expenses:

2. Pain & Suffering:

3. Loss of Income:

4. Property Loss/Damage:

5. Loss of Companionship:

What about Future Expenses?

Why Future Medical Expenses Matter

How to Account for Future Medical Costs

Learn How Personal Injury Claims Are Resolved in 5 Steps

What to Do If You Facing Foreclosure?

Content Rally

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

Leave a Reply

Popular

Technologies For Creating A Startup Idea

How to Download Facebook Videos on Android?

7 Rules of Effective Ecommerce Web Design

The 10 WordPress Plugins Every Sucessful Blogger Uses

Follow Us

Recent

Agricultural Consulting Services: Boosting Farm Efficiency and Yield

5 Symptoms Women Entering Into Menopause Should Keep an Eye Out For

How to Download Airtel Thanks App and Recharge Seamlessly in 2025

How to Choose a Gift That Matches Their Personality Perfectly

Related

The Basics of Bail Bonds System

Why You Need To Consult With Employment Attorney Law Firm In California?

What Is Considered A Personal Injury?

5 Types of Damages You Can Claim After a Car Accident

1. Medical Expenses:

2. Pain & Suffering:

3. Loss of Income:

4. Property Loss/Damage:

5. Loss of Companionship:

What about Future Expenses?

Why Future Medical Expenses Matter

How to Account for Future Medical Costs

Share this Article

Learn How Personal Injury Claims Are Resolved in 5 Steps

What to Do If You Facing Foreclosure?

Content Rally wrapped around an online publication where you can publish your own intellectuals. It is a publishing platform designed to make great stories by content creators. This is your era, your place to be online. So come forward share your views, thoughts and ideas via Content Rally.

Leave a Reply

Popular

Follow Us

Recent

Related