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

adoption attorney

Don’t Battle It All Alone: 5 Reasons Why You Need an Adoption Attorney

There are many reasons why you might be considering adoption attorney, and it’s becoming more and more of a popular choice in countries all over the world with thousands of families of going through the process. However, just because lots of people are doing it, that doesn’t mean the journey is plain sailing. With lots of paperwork, legal requirements, checks and long periods of waiting, the process can be very off-putting to a lot of families. Nevertheless, many of these hassles can be countered by investing in the support of an adoption lawyer. With this in mind and to help you make the decision that’s right for you, today we’re going explore five key reasons why an adoption lawyer might be one of the best ideas for you.  #1 - Support with Paperwork When you’re making your way through the adoption process, there’s a lot of paperwork and checks you’re going to need to go through to ensure everything that takes place is legal. For first-time adopters, there may be a lot of parts that are confusing, which is where an adoption lawyer can help to make sure you’re doing everything correctly.  #2 - Assistance with Decisions There’s no denying that adoption is a wonderful thing, but not many people know about the legal requirements and procedures behind it, as well as the important decisions that need to be made. With an adoption lawyer by your side, you can have all the details explained, so you know you’re making the right decisions.  #3 - Speed Up the Process While adoption is renowned for being a lengthy process, having a professional and somewhat savvy lawyer on your side may be able to help you speed things up. Of course, this depends on your individual circumstances, but without the help of a professional, you’re never going to know.  #4 - Addressing Potential Problems As with any kind of legal proceeding, there are always going to be grey areas where problems can arise, and certain complications may appear out nowhere. This could relate to small or big things, such as same-sex marriage, military couples and many more, and will depend on your individual circumstances. Fortunately, one of the main benefits of having an adoption lawyer is they can help you through this process and iron out any issues, so you move through them quickly and easily.  #5 - Help with Court Appearances Understandable, even the mention of court appearances can be enough to make you worry and think dubiously about going through the adoption process, and it’s not surprising that many people may feel intimidated throughout this part of the adoption procedure. Nevertheless, having a professional adoption lawyer by your side who’s been through the process many times before can help to settle your worries and help you focus on doing everything properly and getting the result you want.  Summary As you can see, there are plenty of benefits to enlisting the help of a professional, qualified adoption lawyer who’ll be able to help you out in many areas of the adoption process. If adoption is a path you’re interested in taking, it goes without saying that it’s highly recommended to get help to make it as easy as possible.

READ MOREDetails
Redundancy Solicitor

Do I Need A Redundancy Solicitor? Then What Is That?

Before we get to know why it might be necessary to hire a redundancy solicitor, it is much more important to know who is a redundancy solicitor and why you might need one.  When I say Redundancy, it is among the limited numbers that have the potential for fair reasons while dismissed from work. This happens when the employer is required to decrease the workforce and also close the business premises.  So now, if you get dismissed from work for a reason of redundancy, then you are entitled to a few statutory rights, including a redundancy payment. Now that you know what is a redundancy solicitor, let’s get into why you might need a solicitor and for what purpose.  Why Would I Need A Solicitor When Being Made Redundant?  There are certain situations when you might need a redundancy solicitor, so let’s get to know these situations.  You might suspect that you are not in a redundancy situation. You might suspect that your selection is unfair.  You might suspect that the procedure that your employer followed is incorrect.  It is possible that a settlement agreement has been offered to you.  You might have been as to become a volunteer for redundancy.  You might not be sure whether you are getting the full redundancy package.  These are a few instances where the need for redundancy solicitors might be of great assistance.  Related: How A Solicitor Can Help You To Set Up A Business What Are The Circumstances Of A Genuine Redundancy? A redundancy is to be considered if the following are maintained:  Suppose the whole business is closing temporarily or maybe permanently.  It is possible that a particular workplace you are working in is either closing or maybe moving to another location.  Suppose the job you have ceased to exist or has diminished, or maybe you are expecting your job to cease to exist or diminish in the future. This will happen if your employer is considering certain restructuring in the workplace.   The redundancy is not to be considered to be genuine if the following happens:  Suppose your employer is replacing you with someone else, maybe with someone with someone who is willing to work for less amount.  It is possible that the business is about to transfer its ownership, and maybe the new owner is going to employ you on totally different employment terms.  It is more likely that the latter will become a Transfer of Undertaking (TUPE) situation. Before you apply for this, it is better to get legal advice, or you might be in trouble since it is a grey area.   An Employer That Has Not Followed A Fair Procedure In an ideal world, the employer’s redundancy process should have a set employment contract or handbook in place. Now what your employer should do is look for redundancies that can be avoided quite easily. Certain ways you can avoid redundancies are:  Your employer can ask you to volunteer for a redundancy or even opt for an early retirement.  The employer can also choose to lay off the employees who are self-employed. The employer can choose to ban or reduce any overtime.  Your employer can offer you to get alternative work.  Now if your employer still wants to proceed toward redundancy, then they should really identify the certain employees who are to be made redundant. But the selection should be made in a fair way.  While selecting the employees, there are a few characteristics that should not be considered as the selecting factors, they are such as gender, ethnicity, or any such discriminating factor.  The selection criteria that are to be considered fair and impartial are: Aptitude  Skills Qualifications Performance Record/Discipline Attendance    Now depending on these selection factors, the employer has to consult with these candidates; if they don’t, then the redundancy will be considered to be unfair as well. At least one meeting with the employer is important to discuss every aspect of this situation. Well, suppose your employer has selected over 20 candidates for redundancy, in that case, a special rule is applied that the candidates need to follow through.  You should also be given a proper notice period to prepare yourself. The notice period should be like this:  1 week notice if you have been working in the organization for between one month and about two years. 1 week's notice for each of the years the employee has worked in the company ranging between 2 to twelve years.   Lastly, 12 weeks of total notice period; if the employer has been working in the company for over 12 years.   Which Is Better, Being Offered A Redundancy Package Or A Settlement?  Well, now, suppose you have been working in a company or organization for over two years; then, you are entitled to a statutory redundancy payment as well. For this, the specific calculation goes something like this.  About 5 week’s payment is given to employees who have worked a full year after their 41st birthday.  About a week’s worth of payment is given to employees who have worked a full year after their 22nd birthday.  About half a week’s worth of payment is given to employees who have worked a full year till their 22nd birthday.  The total length of your service is capped at 20 years. Then your weekly payment is averaged over what you earn per week over a 12-week period till your redundancy notice.  Read Also: Breaking Down The Complexities Of Surrogacy And Assisted Conception Laws In The UK Preparing For Your Initial Consultation With An Immigration Lawyer Choosing The Right Conveyancing Solicitors For You

READ MOREDetails

Think Positive: 6 Realistic Benefits of Getting a Divorce

We marry the love of our lives to spend the whole life with them, but not every marriage can sail through the rough waters and see the beach. According to statistics, divorce rates have increased over the years on an unprecedented scale. Have you ever imagined how to get a divorce or arrange a fast divorce? Do you know there are real benefits of getting a divorce? Since you have every chance of getting divorced, you must strive to make sure that it is not a toxic ending. You can look for tips online, and hire a competent and considerate local family law attorney to ensure a divorce settled on decent terms. Pleasant divorces do not impact you as much as toxic divorces, and therefore it gets comparatively easier to move on after a divorce and see it in a positive light. We have listed here six significant benefits of getting a divorce so that the separating spouses have an incentive to reduce resentment in the divorce proceedings. There are also many cheapest way to divorce and you must know it for future needs. 6 Realistic Benefits of Getting a Divorce: 1. You will have the chance to relax: Divorce provides you the golden opportunity to relax because you are relieved from a lot of responsibilities of your spouse and children. Now, you do not have to worry about the whereabouts of your children and spouse. Instead, you can open a bottle of wine and call all your close friends to have an intimate gathering, where you can blow off some steam. 2. You get your freedom back: Even happy marriages entangle the spouses in so many responsibilities that they find it impossible to find time for themselves. You can go out at night to have drinks with your friends without any strings attached. Moreover, you can now pursue all those activities that family responsibilities have prevented you from doing. 3. You can pursue your dreams: Consider how to divorce a new chapter in your life, and make a list of everything you always wished to become in your life. For example, if you wanted to pursue a particular profession like painting, sign up for a painting course in the nearby school. 4. You can get happiness: Being happy is your birthright, and you must strive for everything that makes you happy. If you find yourself unhappy in an abusive marriage, then you should not fear divorce, because you owe it to yourself to feel the happiness again. 5. You will not be stuck with someone unwanted anymore: The primary reason behind an unhappy marriage is that the partners are not compatible, and they are unwelcome in each other's lives. Therefore, getting a divorce saves you from the company of someone whom you do not want in your life. 6. You start loving yourself: We begin to love ourselves when we enjoy our daily routine and the activities that we do regularly. But, marriages often strangle the dreams and desires of spouses, and they end up doing jobs so that they can fulfill financial and social commitments. In the process, they start hating their lives and themselves because they have not been able to pursue their dreams. Therefore, getting independent again and doing what they love to make them fall in love with themselves as well. "Therefore, do not think that divorce is the end of your life; instead, think of it as a new era in which you can work towards your passions and goals without any other worry" Read Also: How Long Does it Take to Get a Divorce in the UK? Divorce Lawyers In Houston Texas: A Short Guide On Saving Your Marriage

READ MOREDetails