Economic Damages in an At-Fault Accident
Victims in a car accident caused by other parties can file a claim for all of their economic losses, or damages that are easily documented with receipts or other verification. Economic damages are generally easier to calculate because they are supported by documentation, though insurers may still dispute their value. Some examples of economic damages in many car accidents include:
- Emergency medical care received at the scene and at the hospital
- Hospitalization costs, medication, treatments, specialist care, and any other emergent or necessary treatment
- Ongoing losses for medical equipment costs, in-home help, and rehabilitation
- Loss of income from the time you missed at work due to your injuries
- Loss of earning capacity if you will be unable to go back to work at all or at a reduced amount due to your injuries
- Transportation costs to and from the medical appointments
- Costs to repair or replace your vehicle due to the accident
In all of these situations, you must provide documentation of the losses you have, such as pay stubs that show what you were earning prior to the accident or medical bills documenting what you paid or suffered in losses. You will need to provide clear documentation of financial losses to fully recoup them.
Speak with a Charlotte car accident lawyer and get a free consultation today.
Call (980) 294-4931Non-economic Damages in a Car Accident
Non-economic damages are losses that are still impactful but are more subjective in valuation. Non-economic damages are very real losses that insurance companies will pay, but proving their value is more challenging. Some examples of these losses common in car accident cases include:
- Physical pain and suffering endured at the time of the accident and through your recovery
- Emotional distress experienced at the time of the accident and into recovery, including the onset of anxiety, post-traumatic stress disorder, and depression
- Loss of enjoyment in your life due to the limitations you now face as a result of the accident
- Loss of consortium for damage to relationships due to your injury or other losses
- Permanent disfigurement due to scarring from lacerations or burns
- Physical impairment and disability, and how that impacts your life and wellbeing, including due to paralysis or loss of a limb or digits
Documenting these losses is critical and challenging. Keep track of them in medical appointments, journals, witness statements, and other ways that help show how this accident impacted your life and your ability to live as expected. Family, friends, employers, and others can help to substantiate the value of these claims. A Charlotte personal injury lawyer can assist with your case.
Punitive Damages in Car Accident Cases
In situations where you suffer a car accident due to intentional or egregious actions of another person, such as due to driving under the influence, you may be able to recover punitive damages. These are not a form of compensation for you but rather a type of punishment levied against the other party. The court may award them to deter further such accidents.
There are numerous laws and limitations related to punitive damages. For example, in North Carolina (Chapter 1D), it is typically awarded only for fraud, malice, or willful or wanton conduct, and the standards for proving it are challenging.
Additionally, the state has a cap on punitive damages, noting they cannot exceed three times the amount of compensatory damages awarded to you or $250,000, whichever is greater. One exception to this rule in this state is when drivers cause an accident due to impairment. No cap applies then.
Your car accident lawyer will seek evidence to support any such claims. It is not easy, and it is often unlikely to receive these damages. However, if you believe they should be paid to you, let your attorney help you build a claim that documents why that is.
Factors That Determine What Insurance Will Pay for Your Car Accident Claim
In addition to all of these details, there are numerous factors that insurance companies will consider to determine if you should be awarded compensation for your losses. Consider the following examples and how they may apply to you:
- Your role in the accident: Some state laws eliminate your ability to recover damages if you are found to be partially at fault. Other states limit how much you can recover in these cases.
- The severity of your injuries and losses: Minor injuries have a much lower value than those that carry lifetime implications, such as loss of vision or hearing, paralysis, or cognitive function decline.
- Policy limits: Many insurance companies have a limit on the amount of coverage and will only pay out up to that level. If you deserve more than this, you may have to file a claim in court against the at-fault party’s assets.
- Lost wages: In situations where you are unable to go back to work, factors such as your earning capacity, your age, your health, and more contribute to the value of your claim.
There is no specific dollar amount awarded in every situation. Rather, it is up to the victim to demonstrate their losses and support them with evidence. Failing to do so may mean that you cannot recover any losses.
Work With a Car Accident Lawyer to Maximize Your Claim
The biggest limitation in seeking fair compensation after a car accident is knowing what to claim and accurately valuing it. At Shane Smith Law, our car accident lawyer will work with you to clearly define your losses and negotiate fair compensation. Request a free consultation.
