The Different Types Of Damages That Can Be Awarded After A Car Accident
Immediately after a serious motor vehicle accident, your first concern is probably not going to be filing a lawsuit. But once the adrenaline wears off, you may suddenly become aware of numerous aches and pains, which could make you wonder if you may have suffered a permanent physical injury that will adversely affect your life and ability to work. If so, it could be time to consult an attorney who can help you recover for your damages. But if you've never hired an attorney, you are probably wondering what exactly damages are.
Property Damage
You can file for a property damage claim if:
- Your vehicle was damaged during the accident.
- Anything in your motor vehicle, such as a laptop computer or your smartphone, sustained damage because of the collision.
- You needed to rent a vehicle.
To Prepare for Your Case:
- Keep receipts for all of the repairs made to your vehicle
- Also keep receipts for your rental vehicle as well as for items you had to purchase to replace anything that was damaged in your vehicle during the accident.
Medical Costs
Your car accident lawyer will also try to recover damages for any medical bills that you incurred or will incur in the future due to the accident.
To Prepare for Your Case:
- Keep a record of all of your doctor's visits, including trips to chiropractors and physical therapists.
- Note the times and days that you may have had to miss from work for doctors' visits or because of pain from your injuries. During a deposition, you may also be asked if this time away from work may have negatively affected you career-wise. For example, do you believe that you did not get a promotion or lost your job because you had to take so many days off of work for your injuries or because you had to change to a light-duty position.
Permanent Disability
If you have suffered a permanent disability, you may be able to make a claim for damages. Permanent disability is determined by your physician and can only be made after you have reached what is called the maximum medical improvement -- the point where you are unlikely to get any better even with further treatment.
The attorney for the defendant in your case will probably send you to an independent medical examiner, who will perform their own examination on you to determine whether or not your injuries are as serious as you are claiming.
To Prepare for Your Case:
- Obtain a disability rating. This rating will reflect how much your injury has impaired you.
- Document the difficulties your disability has caused you. For example, have you had to hire a gardener to help you with yard work because your back has been bothering you? Have you needed to find new employment?
Pain and Suffering
This term covers a broad range of complaints for which you can claim damages for, including
- Emotional problems. For example, are you still suffering nightmares that cause you to lose sleep or are you unable to drive yourself around as a result of the accident?
- The physical pain you suffered. While money can't truly compensate you for your pain, a judge may award you damages for your suffering.
- Loss of enjoyment in your life. For example, are you unable to play golf or to enjoy sex anymore because of the injuries you sustained in the accident?
To Prepare for Your Case:
- Keep a journal so that you can note exactly how your injuries have changed your life. It's very easy to forget these types of things when being grilled by a defense attorney, so be prepared to list the exact areas of your life that have been affected by the car accident.
If you believe that you have suffered damages because of a car accident, it's important to hire an experienced attorney who can work to get you the best award possible.