In car accidents causing severe injuries, a driver, passenger, or pedestrian’s ability to recover compensation for these injuries and other damages widely varies based on a number of factors, including fault, involvement of insurance companies, and others. Should a victim possess legally viable grounds to recover compensation for injuries, the severity of these injuries are often addressed as well. In all cases involving injuries from car accidents, including cases involving severe injuries, a victim can recover compensation for economic, non-economic, and possibly, punitive damages.
When Compensation Recovery Is Possible
If a victim’s injuries are the result of another driver’s negligence, he or she most likely possesses viable grounds to recover compensation for injuries. It is notable that certain accidents may involve fault shared between two or more parties. In the event a victim is not at fault for any of his or her own injuries, he or she can recover compensation from any at-fault party, often only restricted by the joint and several liability laws applicable to a given state. If a victim is partially at fault for his or her injuries, recovery of compensation may initially be restricted based on the percentage of fault and proportionally distributed, and depending on the state negligence statutes, may be restricted entirely.
It is also notable in cases involving medical injuries stemming from car accidents that a driver’s own insurance company may be liable for compensation claims as the result of injuries. Additionally, in most cases involving automobile accidents, it is not the other driver who is liable for compensation claims per se, but rather, his or her insurance coverage provider, at least to a certain extent.
What Compensation Recovery Is Possible
In any case involving driver negligence, a victim is afforded the legal right to hold liable parties responsible for compensation claims for damages. What damages a given victim suffers will widely vary from case to case. Typically, damages are sorted out in the following manner:
- Special damages, otherwise known as economic damages, are recoverable by accident victims in certain cases. These damages may include medical costs, rehabilitative care costs, costs of seeking medical and rehabilitative care (such as transportation and child care), and other direct financial losses incurred by a victim as the result of a car accident. Especially in cases of severe injuries, a victim must account for damages occurring both currently and into the future (as expected the victim on counsel from his or her doctors).
- General damages, otherwise, known as non-economic damages, are also recoverable by an accident victim in certain cases. General damages may include requests for compensation for pain, suffering, mental anguish, disfigurement, disability, and other similar items that have no definitive pecuniary value. Especially in cases involving severe injuries, the general damages figure will never be able to actually compensate or alleviate a victim’s losses and other damages, but it seeks to provide some form of relief from liable parties.
- Lost income, which may a prolonged consideration in cases of severe injuries.
Getting Legal Help with Severe Injuries from Car Accidents
The nature of every car accident, as well as the ensuing litigation, makes it simply impossible for a severely injured victim to litigate his or her own compensation claims in a favorable or adequate manner. Consult with a car accidents attorney if you have been injured in a car accident.
