AUTO / CAR ACCIDENTS I back to practice areas

Injuries and Compensation

In general, a person who is injured in a car accident can be compensated for the actual costs of their medical expenses, property damage, economic damages (such as loss of income), as well as physical and emotional pain and suffering. Lawsuits over motor vehicles accidents can be very complex. In order to get the amount of compensation to which you are entitled, you should speak with a personal injury attorney who is experienced in motor vehicle accidents and compensation.

Damages In all negligence cases, including car accidents, the injured person may be compensated for the costs of medical and rehabilitative services, physical and mental pain and suffering, lost income (both past and future), permanent injury or impairment and permanent scarring or disfigurement. Other damages that are typical in motor vehicle accident cases include physical property damage, reasonably foreseeable medical expenses, and loss of enjoyment of life. Just because you had a previous injury does not necessarily bar you from being compensated for new injuries. An injured party may still be compensated for worsening or exacerbating an old injury. A good way for a person injured in an accident to document how his or her injuries affect their life is to keep a diary or journal that describes how the injury affects him or her every day as well as his or her immediate family. This diary or journal will be helpful in determining the type and amount of compensation that is appropriate.

Damages for Family Members

In addition to compensation received by the person injured in the car accident, the injured person's spouse may also be eligible for compensation. A spouse can recover for harm to the marital relationship, known as "loss of consortium." Generally, both the husband and the wife ask for this type of compensation. Loss of consortium refers to any harm to the martial relationship that was caused by the accident. This harm may include loss of the spouse's love, companionship, reassurance, affection, consolation, moral support, sexual relationship, ability to have children, as well as the spouse's physical assistance in operation and maintenance of a home. Loss of consortium does not have to be permanent, it can also be temporary.

Insurance

Generally, the person injured in an accident will be compensated by the insurance company of the driver who was responsible for the accident. If that driver does not have insurance or if he or she does not have enough insurance coverage, the accident victim's own insurance will cover his or injuries through an uninsured or under-insured motorist clause. Other insurance policies, such as the insurance policies of employers or family members, may supply additional benefits to the injured person. In some states, an injured person may receive some compensation for their injuries, even if the accident was partially his or her fault. If you have been in an accident, a personal injury lawyer experienced in motor vehicle accidents will help you review your insurance policies and determine the amount of compensation to which you are entitled.

Amount of Compensation

In a car accident case, the amount of compensation depends on several variables. Some of those factors are: if you are in a no-fault state, how easy it is to show that the accident was another person's fault, the type and the severity of the injuries involved, the kind of medical treatment necessary, and the amount of insurance coverage available. Other issues that may be important include: how the accident occurred, how much vehicle damage is involved, the amount of past and future medical expenses, whether there is permanent injury or disfigurement, and how much income was lost as a result of the accident. Each motor vehicle accident case is unique, so it is important to contact an experienced personal injury lawyer to ascertain the amount of compensation in your case.