Collectability in a Car Injury Claim

If you’re involved in a car injury claim and you’re seeking compensation, you may be wondering what goes into collecting an award for damages.  There are many different factors that will determine what amount of compensation you’re granted.  Below, we’ll explore those factors.

Injuries and Other Damages

 The first thing that will be considered is what sort of damages you may be able to collect on.  The most common ones include medical expenses, pain and suffering, emotional or mental anguish, loss of wages, loss of ability to earn money, loss of consortium and property damages.  Medical expenses may include past and future medical expenses you accumulate due to your injuries.  Pain and suffering will include the physical pain and suffering you’re going through and that you’re anticipated to go through due to your injuries. 

Emotional or mental anguish includes the present and what you’re anticipated to experience.  Your loss of wages will include what you’ve lost thus far from the injuries, while the loss of ability to earn money will factor in whether you’re able to work or not as well as the amount of money you will lose because you’re unable to work.  Loss of consortium is the inability of the victim’s spouse to benefit from his or her spouse because of the injuries – and finally, property damages include the property that was damaged in the injury.

Determining the Award Amount Based on the Damages

Typically, the amount of money that is lost and could possibly be lost will be tallied.  This might include the money you’ve lost by not being able to work and by not being able to work in the future, the monetary value of the property you’ve lost, etc.  Once the final tally has been produced, it may be doubled, tripled or multiplied several times depending upon the severity of the accident and the injuries you have sustained.

This amount may grow or be reduced by several factors.  If you’re permanently disfigured or are unable to live a normal life because of the injuries you have sustained, the figure will likely be raised significantly.  If you’re expected to make a full recovery, however, this figure may not be raised at all.  A qualified personal injury attorney can help you create a strategy to prove your claim and help you get the most compensation possible.

Although figures can greatly change from case to case, the steps above are typically how the compensation will be figured and awarded to the victim.  If the case is settled out of court, the award will likely be smaller than if the case were to go to court and you won.  However, if it is settled out of court, you’re guaranteed to be paid whereas there are no guarantees that you will win in court.