5 Types of Damages You Can Claim After a Car Accident

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

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 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

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

Role Of Family Mediation In Legal Conflict Resolution

Understanding The Role Of Family Mediation In Legal Conflict Resolution

As much as we enjoy close and loving family relationships, sometimes, disputes find their way without warning. These disputes may include divorce and separation, succession issues, child maintenance, and custody. Handling these disputes is challenging and may need immediate action to resolve them. While some family disputes, especially those involving violence, may be resolved by court, some can be resolved by family mediation. Family mediation works on both parties’ interests and aims to restore a positive future relationship between the disputants. It is also a cheaper way of resolving family disputes and takes relatively less time. But what role does family mediation play in legal conflict resolution? Read through to understand all aspects of family mediation, including its process and benefits, as a peaceful way to solve family disputes. Understanding Mediation Role In Family Law Mediation is a dispute resolution process where the disputants cooperate with an independent third party to resolve their disputes outside court. Mediation is both a cheaper and faster way of resolving disputes among family members. Family mediation can help solve several issues. It can help resolve parenting disagreements, property settlements among divorcing couples, and succession disputes among kin. Note that mediation can occur with both parties sitting together or separately on different occasions. On disputes of significant magnitude, you can involve family lawyers to help guide the mediation process. If you don't resolve the dispute through family mediation, you may move to court. However, you must present a certificate to prove you engaged in family dispute resolution through mediation. The Purpose Of Family Mediation The purpose of family mediation is to help disputing parties reach a long-lasting agreement. The decision they arrive at should be of their liking and should be satisfactory to each party. Unlike other disputes, family disputes have a relationship and emotional attachments, though some have financial and legal implications. Resolving these disputes in court may address the financial and legal aspects alone and fail to address the emotional and relationship aspects. However, through mediation, the disputing family members can resolve all aspects of their disputes and arrive at a more desirable agreement. Family Mediation Process The family mediation process involves the following steps. 1.  Initial consultation/pre-mediation: The mediator seeks more information concerning the dispute. They should also gather personal concerns, perspectives, and projected outcomes of both parties. Note that at this stage, the mediator meets the disputants separately. 2. Joint sessions: After individual parties agree to proceed with mediation, the mediator organizes a joint session. At this stage, the mediator sits together with the disputing parties in one room. 3. Issues identification: Since the mediator has background information about the dispute at hand, they, at this stage, identify critical issues of the dispute. The mediator should guide both parties in talking about their priorities, concerns, and desires. 4. Establishing options: Now that the underlying issue is well-spelled out, the mediator should guide disputants in coming up with possible solutions. The mediator should suggest expansive possibilities after brainstorming suggested solutions. 5. Final agreement: At this stage, the mediator should assist the disputants in structuring a mutual agreement. The mediator should ensure that the final agreement is fair and in line with the state´s laws. Family Mediation Benefits Family mediation has several benefits, as listed below: It Generates Mutual Agreement Through family mediation, disputants can arrive at a mutual agreement satisfactory to each party. The parties have the right and power to explore all possibilities and arrive at a more desirable decision. Family Mediation Resolves Disputes Faster Unlike court disputes, which take years to resolve issues, family mediation takes a short period. On average, the family mediation process takes between three and six months to resolve a dispute. It Preserves Relationships Since family mediation addresses the emotional and relationship aspects of a dispute, the disputants should be able to maintain their long-term relationship post-dispute. Confidentiality And Privacy Court cases are in the public domain and may expose sensitive and private aspects to the general public. However, family mediation creates a more secure and private environment where disputes are resolved without involving the general public. Cost-Effective Mediation saves a lot of money, which would otherwise be spent on court charges and other legal fees. Family Disputes Ideal For Mediation The family disputes that should be resolved through mediation are as follows: ·         Succession disputes ·         Matrimonial property issues ·         Children maintenance disputes ·         Children custody ·         Shareholder disputes in the family business ·         Civil and other inter-personal disputes Should I Involve Family Lawyers In Family Mediation? It is good to involve your family lawyer in family mediation. The lawyer will provide you with legal advice concerning the legal and financial implications of your family dispute. Besides, they should be able to guide you through the mediation process since it can be overwhelming. In addition, they can help add the final touches to the final agreement you arrive at. Unfortunately, not all family mediation processes have the desired outcome. Sometimes, parties may disagree, bringing the need for court proceedings. In this case, the court will demand a certificate showing you participated in family mediation. Your lawyer will be much more resourceful here. Conclusion Family mediation aims to bring disputed family members to an agreement. Besides settling their disputes, it also helps mend their broken relationships and heal their emotions. In doing so, it protects the interests and values of both parties, promoting family cohesion. What's more, family meditation addresses the issues of parties involved in the mediation session and those indirectly involved in the dispute. The process will ensure the interest of such parties, including children´s future well-being, is well addressed. However, when your dispute involves violence or threat of life, don´t hesitate - file a court case immediately. Read Also: 30+ Fathers Day Gift Ideas: It’s More Than Gifts 8 Things Every Parent Should Do To Keep Kids Safe Online Top 10 Cybersecurity Features That Are A Must-Have In An Ecommerce Store

READ MOREDetails
accident

Know What To Do When You Get In An Accident

Accidents are inevitable. They just happen, no matter how cautious you are, the other drivers will not do the same. You need to keep in mind that even if you do not drive a vehicle, you can be a part of an accident. What you can do, however, is to know your rights in an accident. You need to know the dos and don’ts and what should be expected of you and the consequences of your actions. The best place to know all about your legal rights is through a legal firm Bellevue car accident attorney is one of the best in the market for such situations. Apart from a law firm, here are a few legal rights you should be aware of when you get into an accident. Know What To Do When You Get In An Accident: 1. Call The Police: Most authorities necessitate that you make a report of car accidents including injuries or property harm. In any occasion, you will probably need the accident to be reported to help later with the insurance-related procedure. If you were not to blame for the mishap, getting a police report can help validate your case and may likewise give valuable evidence down the line. 2. Make Sure Everyone is Ok: Check if any of the people involved in the accident are alright or need medical attention. Notice the accident scene to see if any hazards could bring on additional damage, for example, spilling gas or electric sparkles. Call for help promptly if there are any wounds. 3. Talk To The Other Driver: Get the other driver’s name, address, driver's license number and license plate number. Likewise, record a description of the vehicle and request to see their insurance card with the goal that you can use this information later. Try not to talk about the reason for the mishap or apologize as these statements can be utilized against you. 4. Take Pictures: Take photos of the area of the accident. Make sure that you take pictures of the following: -          The area of the accident and position of the vehicles -          The damage to your vehicle and the damage to the other vehicle involved in the accident -          Evidence of debris on the roadway -          Injuries if any and other things you think might be important. 5. Look For The Witnesses: Assess the scene and decide whether there are any observers. Request the observer's contact info and ask them to remain at the scene to state what happened. Check for any surveillance cameras close by that may have caught the accident, for example, a traffic camera or a camera from a close-by business. 6. Be Polite: Even though it can be easier said than done, be polite. You should not lose your temper and say things that can be used against you in court. You should never under any circumstances ever threaten the other party. 7. Legal Actions: Last but not least, you should always get a lawyer on your side to handle everything – from insurance to damage claims, from court case to talking to the witnesses and looking for pieces of evidence, they will take care of it all. Make sure that you do not lie to the legal authorities or everything in your favor will backfire and you might end up in jail instead of roaming around freely. Read Also: Personal Injury Attorneys Denver Tips and Tricks to Hire the Best Lawyer for Your Case

READ MOREDetails
personal Injury

Reasons of hiring any Personal Injury Attorney is Important

Were you or a loved one injured because of negligence on the part of another person or company? If so, then here are a few reasons for hiring any personal injury attorney is necessary. Firstly, let me tell you that without an attorney you may file a lawsuit for personal injury. It is possible. Furthermore, unless you are extremely familiar with some personal injury rules, managing a claim on your own can do more harm than good. Here are just a few reasons why consulting with an attorney is beneficial: Being Objective and Professional You may get incredible mental trauma and body pain from a personal injury. The kind of suffering that your injury has suffered will abstain from getting objective to your case. One’s personal opinions and beliefs may influence your capacity to remain aligned with the facts of the case. The specifics of your case are only of concern to an injury lawyer. They will present your case with a professional viewpoint so that you can get the award you deserve. They will fight on behalf of you without concentrating on things that are immaterial. An Attorney Can Protect You From Insurance Companies You will not only need to meet with the insurance company of the careless person but you will also have to negotiate with your own insurance company. Unfortunately, none of these could be on your side. An attorney will definitely negotiate with the insurance companies to make your side safe. Best Options to Choose From If you're not familiar with the process, seeking a personal injury lawsuit for your injuries will take time. There are normally two routes which you can use. You can either make an insurance claim or file a lawsuit for personal injury. The final resort will be the Court’s decision, as it takes time for the court to decide the case. Depending on your specific situation, a skilled personal injury lawyer should advise you about the best course of action. So, for example, if you live in Western New York, then an experienced Buffalo personal injury lawyer should work best for providing the ultimate options. Helps With Litigation If your claim for compensation is contested by the offending party, the next available option is to bring court action. Having a lawyer for personal injury in your corner would level out the playing field. You can also receive the legal representation that you need to make the most of your argument. They are going to gather all the facts needed to win your case in court. You May Save Money By Working With An Attorney Most people are worried that hiring an attorney would cost them. And, if your application for personal injury is not handled correctly, you might end up paying on your own a lot of the expenses. You will pay for healthcare that would have been provided by your own insurance company and because you have no experience with lawsuits for personal injury, you may not know how much money you need to receive through a settlement. However, an attorney will help you save your money. Read Also: How To Settle Claims In Case Of A Personal Injury Incident? Reasons For Hiring a Long Island Personal Injury Attorney How to Find a Personal Injury Attorney On Any Budget

READ MOREDetails