3 Types of Damages You May Be Entitled to After an Auto Accident

By Admin
•
25 Jan, 2018

If you have been involved in a car accident that was no fault of your own, it can be quite expensive. You will not only have to address your damaged vehicle but also your damaged body. Fortunately, you can file a personal injury lawsuit, and ask to be paid for numerous types of damages. While these vary from case to case, here are a few of the most common ones.

1. General Damages

Following your accident, the insurance company should reimburse or compensate you for any expenses or damages you have incurred. Unfortunately, with these invisible injuries of this type is often difficult to put a price tag on them. These types of damages include:

Pain and suffering
Emotional Distress
Impairment of Physical Impairment
Loss of Life's Enjoyment and more

In addition to these, you are also entitled to receive compensation for how your injury will impact or affect your family. Many times you will see these damages listed as Loss of Consortium. While this term can mean the loss of sexual relations between two spouses, it is so much more. It may include loss of:

Emotional and Mental Support
Basic Household Duties
Love and Comfort
Companionship

These may be things not only experienced by the spouse but also by the children or other members of the family.

2. Damages

Major expenses following your accident are usually associated with your medical care, rehabilitative costs, and time missed from work. All of these are covered under special damages. Special damages, or economic damages, are designed to help financially compensate you for your accident.

For example, even if you file your medical expenses through your insurance company, you should be fully reimbursed for all of your out of pocket expenses. These include any co-pays and deductibles you may have to pay. Costs you can expect to be paid for include your:

Emergency Transport
Hospital Bills
Medications
Physical Therapy
Cognitive Therapy
Adaptive and Durable Medical Devices
Future Medical Expenses and more

You will also be eligible to be reimbursed for all transportation costs you incur going to and from medical appointments. This may even include the cost of overnight hotel stays depending on how far you have to travel and the times of your appointments.

Even if you do not think that you are seriously injured, it is important to seek a medical opinion as quickly as possible. This will often help to preserve a claim for injuries that may not show up until much later.

The repair or replacement of your personal property would also fall under this category. Not only should the insurance company pay for having your car repaired or replaced, they should also pay you for any other property damaged in the vehicle at the time of the accident.

3. Punitive Damages

In addition to the damages listed above and depending on the facts of your case, you may be entitled to receive punitive damages. These types of damages are only awarded in a small percentage of personal injury cases. Punitive damages are designed to punish the defendant when they are guilty of gross negligence or have a blatant disregard for your safety, life, or rights.

For example, if you were involved in an auto accident with an intoxicated driver who was already driving on suspended licenses, your attorney may be able to ask the court to award punitive damages. By drinking and driving, the other driver showed they had a disregard for your safety.

Calculating and asking for damages in your personal injury case is not an easy task. The insurance company is never going to voluntary give you everything you deserve. Frank W. Thompson Attorney At Law Erwin & Thompson LLP are here to help you. We will ensure you get all the damages your case deserves.