Recoverable Damages in an Auto Accident Lawsuit
“Damages” is a lawful term for compensable losses after a car accident. If you are involved in a car accident or are a victim of personal injury, you should understand what damages are and how they are evaluated.
If you choose to pursue a personal injury lawsuit after a car accident, you’re requesting that the court order the at-fault driver (the “defendant” in the lawsuit) to pay you “damages.” That’s simply a lawful term that implies paying for your injuries, vehicle damage, lost income, “pain and suffering,” and different losses coming about because of the accident.
As a trusted lawyer, like a car accident lawyer from a law office like The Lynch Law Group understands, There are various types of damages that a claimant (the individual who is the plaintiff in the litigation) can get in a car accident lawsuit.
What Are Compensatory Damages?
The “damages” that a harmed individual gets, regardless of whether that individual was a driver, a passenger, a motorcyclist, a bicyclist, or a pedestrian, will fall under the umbrella of “compensatory damages.” Compensatory damages are intended to repay the claimant for all assortment of losses coming from the accident, this may include but is not limited to:
- past and future medical treatment
- lost wages
- future loss of income due to changes in their circumstance
- pain and suffering, and
- vehicle /property damage
Damages are not restricted to a personal injury lawsuit filed over a car accident. Regardless of whether you file an insurance claim after an accident, any financial settlement you get will, to some extent, be thought of as “damages.”
How Are Compensatory Damages Determined?
If your car accident case makes it to trial (which does not happen in every personal injury lawsuit) and the jury concludes that the defendant is indeed liable for the car accident, the jury will decide with regards to the degree of that liability. At the end of the day, does the defendant bear all of the fault for the accident, or does some proportion of fault lie with you or some other factor?
Whenever fault has been determined, the degree of your losses will be evaluated. A few sorts of compensatory damages are not difficult to survey, for example, past medical bills and lost income, as these come with some form of a dollar amount. “Pain and suffering” and “loss of consortium” are hard to measure to a dollar.
Here are the sorts of inquiries that a jury should consider in evaluating compensatory damages in a car accident lawsuit:
- How much were the claimant’s medical bills?
- What is the expense of any future medical care made vital by the accident?
- How much income did the claimant lose?
- Will the accident and injuries affect the claimant’s capacity to make a livable wage?
- Is the claimant briefly or fully handicapped because of the accident?
- Did/is the claimant suffering some other mental challenges inferable from the accident?
If you need help with a personal injury claim, do not hesitate to reach out to a local law office now.