Damages Available in Car Accident Cases

When someone is involved in a car accident, they may be entitled to various types of damages depending on the case’s specifics.

Economic Damages

Economic damages aim to compensate victims for tangible financial losses resulting from the accident, helping them return to their pre-accident financial situation as much as possible.

Medical Expenses

Medical expenses are often the largest component of economic damages in car accident cases. They encompass any past, present, and future medical costs necessary due to injuries sustained in the accident. These expenses can include:

• Emergency Room Visits: Immediate care for injuries, including diagnostic tests such as X-rays, MRIs, and CT scans.
• Hospital Stays: Costs related to inpatient care, surgeries, and treatments.
• Surgery: Expenses for operations needed to treat accident-related injuries.

Additionally, it can cover the cost of:

• medication
• rehabilitation and physical therapy
• medical equipment

In cases where injuries result in long-term or permanent disabilities, future medical expenses such as surgeries, check-ups, or rehabilitation are included. Expert testimony may be required to estimate future costs.

Property Damage

Property damage refers to the costs associated with repairing or replacing the victim’s vehicle and any other personal property damaged in the accident. This could include:

• Vehicle Repairs: The cost of restoring the damaged vehicle to its pre-accident condition.
• Vehicle Replacement: If the car is totaled (deemed a total loss), the car’s value prior to the accident is calculated, and the victim may receive the fair market value to replace it.
• Other Personal Property: Damages may include compensation for any other personal items damaged or destroyed in the crash, such as electronics, clothing, or luggage that was inside the car during the accident.

Lost Wages

Lost wages are calculated based on the income the injured person would have earned had they not been forced to miss work due to accident-related injuries. Lost wages claims may require documentation from the victim’s employer, such as pay stubs, timesheets, and statements confirming time off due to the accident.

Loss of Earning Capacity

Loss of earning capacity is a more complex form of compensation awarded when injuries result in a long-term or permanent reduction in the victim’s ability to earn an income. Factors considered include if the injury:

• limits physical or mental capacities needed for the victim’s job
• impacts career prospects, promotions, or ability to advance in their field
• forces the victim to switch to a lower-paying job due to physical or cognitive limitations

Out-of-pocket Expenses

In addition to major categories of economic damages, car accident victims can also recover out-of-pocket expenses related to the accident and its aftermath. These expenses cover a wide range of incidental costs, such as:

• transportation costs
• home modifications
• temporary care
• medications and medical supplies

Proper documentation, such as receipts and invoices, is critical for recovering these expenses, and they must be directly related to the injury and necessary for the victim’s recovery.

Non-Economic Damages

These are more subjective and compensate for the impact of the accident on the victim’s quality of life:

• Pain and Suffering: Compensation for physical pain, discomfort, and emotional distress caused by the accident and injuries.
• Emotional Distress: Damages for anxiety, depression, PTSD, or other emotional trauma resulting from the accident.
• Loss of Enjoyment of Life: If the injury affects the victim’s ability to enjoy activities or hobbies they previously participated in.
• Loss of Consortium: Compensation for the negative impact on the victim’s relationship with a spouse or family members due to the accident-related injuries.

Punitive Damages

In cases where the at-fault party’s behavior was particularly reckless or malicious (such as driving under the influence), the court may award punitive damages. These are not meant to compensate the victim but to punish the wrongdoer and deter similar behavior in the future.

Wrongful Death Damages

If a car accident results in death, the family of the deceased may be entitled to additional damages, such as:

• funeral and burial costs
• loss of companionship
• loss of financial support

Take the Next Steps Today

If you or a loved one has been injured in a car accident, don’t wait to get the help you deserve. At Meinhart & Manning, we are dedicated to fighting for your rights and securing the compensation you need to recover. Whether it’s medical bills, lost wages, or pain and suffering, our experienced team guides you every step of the way.

Contact us today for a free consultation. You can easily reach us by filling out our online form or calling (877) 776-1219. Let us help you get the justice you deserve – take the first step now!