There are numerous car crash accidents that occur across the United States on daily basis. If you have been injured in a car crash accident, you will only be able to negotiate a settlement or recover at trial if you can prove liability and damages.
Proving Liability in a Car Crash Case
Personal injury car crash lawsuits are usually based on a theory of negligence. To prove liability in a car crash accident case, the plaintiff must show:
- That the defendant had a duty to act or refrain from acting in a particular manner;
- That the defendant breached his duty;
- That the plaintiff was injured; and
- That the defendant’s negligence was the proximate cause of the plaintiff’s injuries.
Depending on the facts of the case, the plaintiff may bring in experts to prove negligence. This is especially true in car crash cases involving product liability issues.
Proving Damages in a Car Crash Case
If a plaintiff successfully proves liability, he may be entitled to recover damages. A car crash plaintiff may recover both economic and non-economic damages. Economic damages are meant to compensate an accident victim for his actual losses and generally include:
- Medical bills;
- Future medical bills;
- Prescription costs;
- Lost wages;
- Future lost wages;
- Rehabilitation costs;
- In-home care; and
- Property damage.
Non-economic damages, also known as pain and suffering, are meant to compensate a victim for the physical and emotional pain he has suffered and is likely to suffer as a result of his injuries. Pain and suffering is generally viewed as the physical pain and discomfort associated with an accident victim’s injuries and the medical and surgical procedures required to treat those injuries. Additionally, pain and suffering includes the emotional impact of the victim’s injuries, such as depression and post-traumatic stress disorder. Pain and suffering may also include the physical and emotional pain associated with permanent scarring, disfigurement, loss of limb, and the potential shortening of life.
What Are Punitive Damages?
In some instances, a plaintiff in a car accident case may be entitled to receive punitive damages. Punitive damages are meant to punish the defendant for his negligence and to deter future negligent conduct on the part of the defendant.
State law governs when punitive damages are authorized. Generally, however, punitive damages can only be awarded in instances where the defendant’s conduct was so egregious as to demonstrate a total disregard for the consequences of that conduct and the safety of others.
Getting Legal Help
If you have been injured in a car accident, your time to seek compensation is limited. Therefore, you should consult with a personal injury attorney immediately to determine whether you have a valid claim and to protect your right to be compensated for your injuries and losses.
