What types of non-economic damages can I recover from a car accident?
The types of non-economic damages you can recover from a car accident may include:
- Loss of Consortium: If someone’s spouse was killed in an auto accident, then the surviving partner has the option to pursue compensation for any loss of assistance, companionship, or services from their loved one in the event of a wrongful death caused by a car accident. This also applies to children who suffered from loss of any of the aforementioned due to the wrongful death of a parent due to a car crash.
- Mental Anguish: If you suffered from any emotional pain after you car accident, you may be eligible to collect compensation. This can include feelings of anxiety, fear, grief, nervousness, worry, or any other emotional trauma felt as a result of the car crash.
- Pain and Suffering: The magnitude of your injuries will be taken into account in order to determine the total amount of damages you may be awarded. Factors can include the type of injury, the financial impact of the injury in question, and the length of time you are expected to suffer as a result of the car accident.
- Punitive Damages: If the actions of the negligent party are deemed to be with malicious intent, then the court may opt to enforce punitive damages. These are geared toward punishing the guilty party and preventing them from continuing the same behavior in the future.
What are the different type of car accident clams I can pursue?
Certain states may fall under no-fault insurance law, which works to control the amount of lawsuits that are filed for minor car accidents. Only certain situations are allowed in regard to collecting additional compensation for damages, which include:
- Manufacturer Liability: If either party’s vehicle had a defect that caused a car accident, then the injured person may be able to file a claim against the manufacturer of either the vehicle or of the faulty parts. If it is proven that the car in question had either a labeling issue or faulty design, then the manufacturer is at risk of being held liable regardless of who is actually at fault for causing the car accident. Common defective parts include accelerators, airbags, brakes, engines, and seat belts.
- Negligence: If a certain level of discretion and caution was not used while operating a vehicle on the road, then that party may be guilty of negligence. In fact, negligence is one of the most commonly cited factors in accidents involving bicyclists, motorists, and pedestrians. In order to prove negligence, your car accident lawyer will need to prove that the defendant did not meet the anticipated level of care, and that as a result their negligence was the cause of the car accident. In this case, bus drivers, drunk drivers, and reckless drivers can all fall under the umbrella of a negligent driver.
- Road Design: Inadequate construction, maintenance, or design can be to blame as the cause for a auto accident. Specific examples of road design that can lead to a crash may include barriers, embankments, guardrails, signage, surfaces, and traffic control. If any of the aforementioned are not up to acceptable standards, then motorist safety may be compromised, ultimately resulting in a car accident.
- Wrongful Death: In very extreme cases, you may have legal rights to pursue a wrongful death lawsuit if a loved one was killed in a car accident. If this is the case, then either the family or loved ones of the victim will need a car accident attorney to show that their loved one was killed as a result of the other party’s negligence, and they may be entitled to economic, non-economic, and punitive damages.
Why do I need to hire a car accident lawyer?
According to the National Highway Safety Administration, driving is more dangerous than ever, making it that much more important to make sure you have a car accident attorney you can trust who is on your side. Along with the increasing rate of car accidents occurring every year, there are constantly changing regulations and rules that only further complicate the claims process, which ultimately the collection of compensation you are rightfully entitled to.
In the event of a severe injury or even death, these rules and restrictions also apply to filing for additional damages, including pain and suffering. Enlisting the help of a car accident attorney can help you determine whether or not you qualify to file a claim for additional damages against the negligent party, as well as help ensure you collect the full amount of benefits from your insurance party.
Overall, the outcome and subsequent success of your claim is dependent on your auto accident attorney’s ability to analyze and package evidence in your case.
Specifically, if you have injuries as a result of an auto crash, our car accident lawyers can help you prepare your claim by:
- Enlisting expert witnesses to review evidence.
- Gathering accident and police reports.
- Interviewing witnesses.
- Recreating the accident scene.
- Reviewing medical reports.
- Taking pictures of injuries sustained, damage, and the accident scene.
Moreover, it is not uncommon for insurance companies to work against the plaintiff in order to prevent them from collecting the full amount of compensation. Insurance companies can do this by trying to present you injury as temporary instead of permanent. An experienced auto accident lawyer will have the experience necessary in order to ensure you or any other injured party is not taken advantage of by an insurance company.
Find out more about how the Personal Injury Lawyers at USAttorneys.com can help you achieve the best result possible for your case by scheduling a free consultation today.