What Types of Damages (compensation) Can An Attorney Pursue After A Car Accident?
Nearly every driver has unfortunately experienced the emotional and financial stress of a car accident either directly or indirectly. After a car accident, the physical car damage (property damage) incurred is pretty evident as to what you are able to claim, but there is often more to the accident than meets the eye.
An accident attorney may identify damages that pose as costs to you as a victim that aren’t obvious at the time of the accident. There are several things an attorney may pursue after a car accident that you may want to consider.
If you have sustained car accident injuries, there are several claims that may be made in the personal injury lawsuit. Every car accident is unpredictable; therefore each claim made is unique. The damages that are recoverable depend on a variety of factors, such the extent of the property damage that occurred and whether you were partially at fault for the accident. An accident attorney, such as a Florida personal injury attorney at David & Philpot, is able to assist in determining which damages are recoverable. Some common damages that are often compensated include medical expenses, loss of wages, pain and suffering, and loss of consortium.
Car accidents result in an array of injuries; some are obvious immediately, and some injuries take time to evolve, such as muscle or neck issues. Sometimes, accidents result in permanent disability. There may be a great deal of needed care in the future. Therefore, it is important to have a thorough medical examination immediately following a car accident if you believe you may be injured in any way. Additional common medical expenses a lawyer may pursue following a car accident include:
• Hospital visits
• Physical therapy
• Cognitive therapy
• Ambulance fees
• Consultations with health care professionals
• Healthcare accessories (wheelchairs, crutches, etc.)
• Permanent disability
• In-home services
Loss of Wages:
Often times the injuries incurred from a car accident make it impossible to return to work for a prolonged period of time and sometimes the victim is not able to return at all, creating a loss of wages. The victim must be able to prove that the injuries have impaired or diminished their ability to earn money in the future, based largely on past earnings.
A jury will consider factors such age, occupation, skill, experience, and life expectancy. The victim may also claim for loss of wages due to upcoming career advancement, which must also be qualified. An accident attorney may assist in doing this on the victim’s behalf.
Pain and Suffering:
Pain and Suffering is the legal term that covers all of the areas that may not be calculated such as the stress and hardship of an accident. The psychological distress involved in an accident is another example. The area of pain and suffering differs state to state, but is very important to consider for your accident attorney when calculating your particular auto accident case. Every case is extremely different and important, and stress runs high. Where there is pain and suffering, there is often compensation.
Loss of Consortium:
As mentioned earlier, a car accident may have many negative results. An injury could deprive you and your spouse of the ability to show affection or companionship, also called “loss of consortium.” The uninjured spouse would be the one to claim this type of damage. These types of damages may only be recovered if the victim’s damages are first recovered for injuries. As an example, if a motorist dies as a result of injuries, surviving family members may claim loss of society and companionship damages.
An accident lawyer may claim many damages in the aftermath of a car accident. Let an accident attorney from David & Philpot help you determine the damages incurred from your auto accident to be sure you are recovering what is rightfully yours and to assure you are compensated for your losses. Contact an accident attorney from David & Philpot today.