Lawsuit damages that a car accident victim can recover vary per state and jurisdiction. A good method of determining how much your claim may be worth if you have sustained injuries, damages and losses is to consider how an insurance company would apply a value to your car accident claim.
Lawsuit damages that a car accident victim can recover vary per state and jurisdiction. A good method of determining how much your claim may be worth if you have sustained injuries,
damages and losses is to consider how an insurance company would apply a value to your car accident claim. The insurer will first consider the amounts and types of damages you have suffered and will then look at your percentage of fault. While this article provides a basic overview of recoverable damages, if you were injured in the state of California, contact a Sacramento car accident lawyer for a more accurate assessment of damages you can claim.
The types of lawsuit damages that insurance companies typically compensate include:
• Medical Bills and Related Expenses –Expenses that are incurred while treating injuries such as ER visits, hospital bills, physician appointments, physical therapy, chiropractic services and necessary medical devices like crutches, neck braces, etc. You can recover these expenses if they are in fact a result of your accident. A medical examination conducted for litigation purposes may not be recoverable. Medical expenses are used in many cases as a benchmark in determining “reasonableness” of awards for damages.
• Future Medical Costs – These can be recovered if the person that was injured can show that they are likely to require medical care into the future as a result of their accident. The amount is typically determined by the opinions and advice of medical specialists and physicians.
• Pain and Suffering – These damages are sometimes granted for intense physical pain that results from the accident and injuries. Juries will look into the nature of the injuries, pain levels and a time estimate the plaintiff will likely have to deal with the pain when deciding damages to be awarded in this category.
• Emotional Anguish – Damages for emotional or mental distress can include fear, anxiety, apprehension, worry, nervousness, humiliation, shock, grief, embarrassment, lack of dignity, etc. When a victim is disfigured due to the accident, these types of damages are typically awarded.
• Lost Wages – Money that the injured individual would have earned if they continued to work after the accident until the time of settlement can usually be recovered. If the person was not employed, he or she may still recover damages for what they could have earned.
• Property Damage – A person can recover damages for property that was damaged in the accident.
• Loss of Earning Capacity – If the injured person’s ability to make money is impaired, a jury will take their past earnings into account and determine what they could have earned in the future.
• Loss of Consortium – The spouse of an injured person makes a claim that they have suffered a loss of benefits of married life.
A Sacramento car accident lawyer provides a complimentary case review, and it is wise to take them up on this offer. They will review the evidence in your case, explain how California laws apply, and which damages may be appropriate to pursue in your lawsuit. A Sacramento car accident lawyer will advise you as to whether a settlement offer is fair, or if your case is worth more.
