Personal Injury Damages in Car Accident Cases


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If you suffer an injury in a car accident, you may be able to collect personal injury damages. While each state has different laws regarding what percentage of fault bars you from collecting damages, all states' laws agree that if the accident was not your fault, the plaintiff or your insurance agency should reimburse you for your expenses and the damages related to the car accident.

Medical Damages

If you are injured following a car accident, you will seek treatment for your injury at the emergency room or your doctor's office. Medical damages are straightforward damages that are easy to value because they are based on actual care that you received after the car accident. While different doctors may disagree over what kind of care may have been necessary for certain injuries, for the most part all reasonable medical expenses will be reimbursed.

Lost Income Damages

Because of your injury you may be unable to return to work for a while. Lost income damages are easy to calculate. To calculate damages for lost income, simply provide evidence of how much you would earn for the time you were unable to work. This can include lost income from the time you spent in the hospital or at home recovering.

Pain and Suffering and Permanent Disfigurement Damages

Pain and suffering is the legal term for the physical and emotional stress caused by a personal injury. The term permanent disfigurement implies the loss of a limb, but could also include a burn or a scar. Factors that determine whether you are eligible to receive damages for pain and suffering and disfigurement include the extent of the injury, the impact the physical injury had on your overall well-being, and the degree of residual or permanent injury. Calculating damages for pain and suffering and disfigurement is complicated and there are no precise formulas. Therefore, each jury may place a different value on the same injury.

Future Damages

Future damages are the lost earning capacity due to long-term disability caused by the accident. If your injuries affect your ability to return to work, or to work at all, you may be able to recover future damages. Calculating lost earning capacity can also be quite difficult. Maintaining the same job until retirement is uncertain, and the court must also consider career advancement or if the victim is in the process of earning a degree.

Getting Legal Help

If you suffer an injury in a car accident, contact an experienced personal injury attorney. A personal injury attorney can help you collect your personal injury damages from the accident and help you get back on your feet.

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