What Personal Injury Damages Can You Sue For In A Car Accident?

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If you are in a car accident, there are limitations on what damages and injuries you can recover. There are various types of damages that you can claim when you are in a personal injury lawsuit for a car accident. They aren’t limited just to bodily injury, so knowing exactly what you are entitled to is imperative in order for you to receive fair compensation.

Medical claims are the main damages that are recoverable in a personal injury lawsuit for a Santa Ana accident. But you also may be able to recover lost wages, pain and suffering, diminished duties of employment, and things like loss of consortium or loss of affection.

Medical expenses

When you are in a car accident, even if your injuries are minor, the medical costs can add up fast. Some physical injuries will be immediately apparent, while others can take a significant amount of time to surface. That is why it’s imperative to seek the attention of a medical provider if you are in a car accident. It’s never a good idea to assume that you are okay and not get the medical help you need. Medical expenses that can arise from an auto accident are:

  • Emergency transportation
  • Cognitive or physical therapy
  • Appointments with medical care providers
  • Heating pads, ice packs, and other accessories
  • Pain and suffering and disfigurement
  • Disability, both short-term and long-term
  • In-home care

There are times when medical care will be required long after a case is settled. In those instances, medical professionals will calculate the additional treatment costs needed. If there is a death that results from a car accident, family members can initiate a wrongful death suit to pay for the costs related to the treatment prior to the loss of life.

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Lost wages

If you are in an accident and you can’t work while you recover, you are losing earnings. It isn’t just recovery time that may be included in lost wages. If you have to miss work due to appointments or therapy evaluations, those are also recoverable. Anything related to a car accident that detracts from your normal work week and earned wages  is reimbursable. To sue for lost wages, you have to be able to prove that your injuries prevented you from working in your normal capacity or that your injuries limited your ability to earn the amount you usually do. If it is ongoing, you will have to prove that there will be future earnings you will miss out on, but typically lost wages refer only to those in the past. If you do sue for lost wages in the future, the jury will be responsible for awarding damages and will take into consideration things such as life expectancy, age, occupation, skill level and other things related to your earning potential.

Pain and suffering

The legal definition of pain and suffering is physical or mental distress. You can seek damages for pain and suffering through a personal injury suit. The amount that you can recover is determined by the type and severity of injuries you sustained and the pain you suffered. Other things that are taken into account are loss of capacity and your future prognosis. You might be entitled to sue for emotional damages that lead to anxiety, depression, or post-traumatic stress disorder. Pain and suffering in an accident case are  determined by the state where the suit is filed.

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Loss of consortium or loss of affection

If you are injured and no longer have the ability to show affection, including sexual activity, you may sue for “loss of consortium.” Unlike the other damages sought, the claim of loss of affection is initiated by the spouse of the injured individual. But the spouse can only initiate the case if the injured individual is likewise seeking to recover for damages. However, if a motorist dies, a family member may sue for loss of companionship. Other relationships outside of marital ones can apply, such as people who are living together, those who are in a loving relationship, or other surviving family members. They are often allowed to recover damages.

There are very specific types of damages that you can sue for when involved in an auto accident. Knowing what you are entitled to by seeking the guidance of an auto accident lawyer is the best way to recover what you have lost.

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Student @ Advanced Digital Sciences Center, Singapore. Travelled to 30+ countries, passion for basketball.