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TYPES OF DAMAGES IN AN AUTO ACCIDENT CLAIM

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If you are reading this, chances are that you were, or know of someone who was injured in a car accident due to negligence. 

Before filing for a personal injury claim, it is imperative to understand both the basics and complexities of the compensation process. And one way of doing so is understanding the types of damages and compensation you are entitled to.

Having sustained car accident injuries, it is important to understand how those injuries have affected your life before filing for a claim. Doing so eliminates occurrences where a plaintiff goes back to court to file for additional damages since what was initially awarded was not enough to cover all expenses.

This article focuses on the main types of damages in auto accident claims that your Riverside car accident lawyer can help you seek.

  • Medical Expenses

Injuries sustained after a car accident might range from a minor bruise to severe cases that lead to immobility and, in the worst-case scenarios, death.

In some cases, some injuries may not show until further down the line and may require additional medical care. It is the reason why accident victims need to have an immediate, thorough medical checkup.

 

Some of the medical expenses that can arise from an accident include, but are not limited to:

  1. Physical therapy
  2. Cognitive therapy in case of brain injury
  3. Consultations
  4. Need for accessories like crutches
  5. Permanent disability

 

Additionally, if your doctor believes that further treatment is needed after you have received your entitlements, it should be communicated to your Kohan & Bablove, LLP attorney to ensure the estimates of the same are included in the claim.

  • Pain and Suffering

After an accident, a victim undergoes physical or mental distress (or both). This is what is defined as pain and suffering.

The amount of compensation you are entitled to largely depends on the severity of your injuries and a diagnosis of future pain, related to the injuries. It also includes the emotional stress the victim goes through during and after the incident.

  • Lost Wages

There is a probability that working capabilities are lost after an accident. This includes the time taken for recovery and therapy sessions. However, you must be able to prove to the court that the injuries from the accidents have affected your ability to earn money, largely based on how much you earned in the past.

  • Loss of Affection or Companionship

Also known as ‘loss of consortium,’ this is damage that is paid to people that have been deprived of affection and companionship due to an injury. Unlike other damages, this is filed by the uninjured partner. However, if the injured party is unable to gain any compensation in regards to the injuries, the uninjured partner does not also get damages.

Additionally, the above damages can be claimed by surviving members if the injured party died from injuries sustained from the accident. However, before compensations are made, the court will consider whether the deceased was in a loving relationship with the surviving family members, their living arrangements, as well as the impact the death had on the surviving family members.