In general there are several different types of damages that can arise in a personal injury or car accident lawsuit. The most common claims include those for medical expenses and lost wages. But, you can also have claims for pain and suffering, loss of consortium, and others. This article will focus on some of the basic types of damages that a person injured in a car accident can consider bringing against the wrong doing party. Of course it’s always important to talk to a car accident attorney first before making any final decisions in regards to claims.
Claims For Car Accident Injuries: Medical Expenses
If you are in a car accident, injuries may be as minor as a concussion or small cuts and bruises, or could be as serious as a permanent disability. It is of vital importance to undergo a thorough independent medical exam after a car accident because not all injury symptoms appear immediately become apparent.
Medical expenses arising from a car accident include but are not limited to:
- Ambulance fees;
- Physical and/or cognitive therapy;
- Consultations with health care professionals;
- Permanent disability;
- Disfigurement (see Pain and Suffering, below);
- In-home services (even if non-medical).
- Wrongful death
Claims For Car Accident Injuries: Pain and Suffering
Pain and suffering is defined by the United States legal system as a mental or physical issue which one may seek damages for. Such damages are solely based on the type of injury or pain suffered. This includes psychological and physical matters as well. It is important to note that not all states handle pain and suffering damages in a different type of way. Some states enable a jury to assume there must always be some pain and suffering when there is a bodily injury whereas others require a certain unconsciousness level.
Claims For Car Accident Injuries: Lost Wages
After a car accident, you may not be able to work as a result of your injuries. Whether that means you are immobile for a time, inability to work due to physical therapy sessions, if you spend any prolonged time in a hospital, or any other elements that prevent you from attending work. In court you will have to prove the injuries that diminished your ability to work and earn money. Juries will consider such things as your age, your job, your experience, and your life expectancy.
Claims For Car Accident Injuries: Loss of Affection or Companionship
These types of claims tend to exist if you are married, sometimes engaged, or are taking care of other family members. A spouse can claim that your loss of consortium (which can include loss of such things as sex, income, affection) have negatively impacted them in such a way that they need require damages. Surviving injures can also make such claims.