Car accidents can range from minor fender benders to catastrophic, and each car accident has a unique set of circumstances. So, it can be a challenge to make an estimate as to the amount of compensation you should receive in any given case. That said, under Florida law, there are various categories of damages that you can receive when you are the victim of a car accident, which was caused by another driver’s negligence.
In this article, we are going to look at the various types of legal damages available to car accident victims, and what kinds of injuries they cover. If, after reading this article, you have additional questions pertaining to your own personal circumstances, then we invite you to contact the personal injury claims lawyers in Jacksonville, FL – RITE Law. Our number is (904) 500-RITE or you can fill out our contact form online. Remember, we provide a free case evaluation, so call today.
Car Accident Damages
While you most likely are looking for a certain amount of money in compensation for all of your injuries. However, it is beneficial to you to make sure, in your own personal injury case, that you equate a certain amount of compensation for each type of damages. Indeed, focusing on each particular kind of damage will ensure that you maximize the amount appropriately owed to you.
Medical Expenses. First and foremost, your injuries in a car accident will have most likely required medical attention. Perhaps you were taken to the hospital in an ambulance, and perhaps you had to stay in the hospital for a period of time. All of those medical expenses are a direct result of the car accident, and therefore, you are entitled to have those costs covered, by either your insurance company, the other driver’s insurance company, or the other driver.
So, the kinds of medical expenses you can legally claim as a result of a car accident are as follows:
1. Doctor’s visits
2. Hospital stay
3. Ambulance fee
4. Physical therapy
5. In-home services
Damage to Your Car and other Property. Most likely, your car was damaged or totaled in the accident, and pricey items that were in your car may have been destroyed. You can claim compensation for those losses in a personal injury suit following a car accident.
Lost Wages. If your injuries made it impossible for you to return to work for a period of time, then you can receive compensation in your personal injury case for the wages you lost as a result of having to recover from your injuries. Note that compensation for lost wages could also include the lost income because you had to step away from work to receive ongoing treatment, like physical therapy.
Pain and Suffering. This type of damage is often the hardest to explain and can be a little more difficult to prove in court. Financial compensation for pain and suffering is meant to cover the physical and mental anguish that you suffer because of your car accident injuries.
For example, pain and suffering damages are meant to compensate for the pain you feel associated with bodily injuries such as fractured bones. It also covers more subtle issues like aches, temporary or permanent restrictions on activity, or even the shortening of a loved one’s life.
The kinds of mental anguish involved could include depression, embarrassment from scars or other physical appearance issues, or anything else that would reasonably cause stress or significant mental discomfort.
Overall, the aim of pain and suffering damages is to provide some monetary assistance for the physical and mental issues you now must face, which you would not have had to confront if you were not in the car accident.
The concept of pain and suffering, unlike medical expenses, can be hard to quantify and prove. Accordingly, attorneys will normally provide the following types of documents to prove a pain and suffering damages claim:
1. A mental health expert opinion about your state of mind;
2. An expert opinion on pain and suffering damages generally in car accident cases;
3. Documentation proving your use of prescription medication before and after the car accident; and
4. Your own written or oral testimony about the day-to-day pain and suffering you are experiencing.
Loss of Consortium. It can be a bit of a delicate subject, but if you are unable to be intimate with your spouse or partner, then you can receive compensation for loss of consortium. This type of damages is also commonly referred to as “loss of affection or companionship.” As you might expect, certain injuries after a car accident can, unfortunately, take away your ability to be physically intimate with another.
Note that you, the car accident victim, do not actually claim the damages for yourself. Rather, loss of consortium-type loss is a claim that your spouse or partner can make in your case. Further, you as the accident victim must recover some of the damages listed above to allow for your spouse to be able to claim loss of consortium damages.
Get Help with Your Car Accident Case with a Personal Injury Claims Lawyer in Jacksonville
At RITE Law, we started the firm for one reason – to help those in Florida and elsewhere have the resources of a firm that was “big enough to fight but small enough to care.” At Rudolph, Israel, Tucker & Ellis (RITE law), we have the resources and experience to go to trial when it is necessary, and we have the wisdom to advise you appropriately.
Expect lots of attention, passionate representation, and a healthy disdain for big insurance companies. We believe that leads to the best result possible. Unlike larger firms, your case isn’t handed to a paralegal or assistant to do the heavy lifting. The attorney you meet initially is the one who will be by your side every step of the way.
We also take pride in creating an atmosphere where every client is treated like family. Family members stick up for one another no matter what. You should expect nothing less from the RITE Law personal injury attorneys in Jacksonville.
Without help from the RITE team, making your own personal injury claims can be very difficult. When you turn to our firm, we spring into action, making sure that every detail of your claim is addressed. Call us for help. Our number is (904) 500-RITE or you can fill out our contact form online. We provide a free case evaluation, so feel free to call us today.