What Kinds of Compensation Can I Claim for Car Accident Injuries?

Use these links to jump to different sections:

• Types of Damages Available in Car Accident Injury Claims
• Past and Future Medical Treatments
• Reimbursement for Lost Income
• Repair or Replacement Costs for Damaged Vehicles and Property
• Wrongful Death
• Punitive Damages
• How Compensatory Damages Are Calculated
• Importance of Documenting and Preserving Evidence
• Find an Experienced Car Accident Lawyer to Secure Fair Compensation

Experiencing an auto accident can be a jarring and upsetting event. The aftermath of getting your life back together can create additional stress and anguish as you heal from injuries and arrange for the repair of your property damage. Naturally, auto accident victims will seek compensation from the at-fault driver by filing a claim with the driver’s insurance company. This leads to accident victims asking what kinds of compensation they can claim for their injuries and damages experienced.

Types of Damages Available in Car Accident Injury Claims

There are two types of compensation available when pursuing a car accident claim. Special damages are calculable and are also commonly referred to as economic damages. General damages are those that do not have an easily identifiable cost and are sometimes called non-economic damages.

1. Economic Damages

Special damages are the most common type of loss that auto accident victims seek when filing a personal injury claim. These also tend to be easier to recover because the evidence documenting them is readily attainable from third parties. Financial losses generally include:

• Medical expenses
• Lost wages
• Property damage
• Future medical costs

2. Non-Economic Damages

Commonly referred to as general damages, non-economic damages are those that do not have a clearly ascertainable expense. This includes claims for pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life. Not all states allow all of these as a possible compensation award. The states that do allow them also have varying requirements to qualify for compensation.

For example, the majority of states do not award emotional distress for fleeting and temporary feelings of stress or anxiety following the accident. Generally, an individual would need to feel ongoing and diagnosed symptoms of anxiety, depression, or post-traumatic stress disorder (PTSD). Similarly, many states do not recognize loss of enjoyment or quality of life as a separate recoverable damage. It is simply included in other damages.

“You need medical experts who can testify to things like PTSD and the day-to-day pain and suffering that your clients are going through,” says Amy Bradley, a personal injury lawyer at Blankingship & Keith in Fairfax, Virginia, who represents victims injured in auto accidents. “It’s painting a picture of who that person was before the accident and comparing it to who they have become as a result of their injuries.”

Past and Future Medical Treatments

One of the most expensive consequences of a car crash is the resulting medical expenses from bodily injury. This includes immediate medical treatment, such as emergency and triage. It can include the subsequent treatment, such as doctor’s visits, surgery, and physical therapy. It can also include future medical treatment and care for long-term conditions. Common recoverable medical treatment costs include but are not limited to:

• Surgeries
• Emergency care
• Medication
• Rehabilitation
• Ambulance fees
• Medical equipment
• Physical therapy
• Consultations with healthcare professionals

Reimbursement for Lost Income

Serious injuries resulting from a motor vehicle accident may prevent you from working. With your earning capacity diminished, you can seek compensation to make up the difference. The amount awarded will depend on several factors. The court will examine the impact of the injuries on work capacity and potential future earnings. The victim’s age, occupation, experience, skill, and life expectancy are all considered.

Repair or Replacement Costs for Damaged Vehicles and Property

When filing a claim with the at-fault party’s insurance company, there are two options for property damage compensation.

1. Vehicle Damage

Vehicle damage is the most common. You will either get repair or replacement compensation. Insurance companies typically pay for repairs until the repair costs pass a percentage threshold of the car’s total value. Once the repairs become too expensive, the insurance company will offer the car’s replacement value.

Speaking with an attorney can help you determine what is an appropriate value to ask for in your vehicle damages claim. If you have an older vehicle, it will have a depreciated value that can lower the repair cost bar threshold, putting you at a more significant risk of the insurance company wanting to total the vehicle. In addition, an older car may have a low replacement value, making it challenging to find a replacement vehicle to buy for the amount rewarded.

2. Additional Property Damage

In some accidents, there can be additional property damage that you can seek recovery for. This could include personal property located in the vehicle during the accident. It could also include structures or personal property where the at-fault driver’s vehicle collided. 

Wrongful Death

If the accident victim dies because of the accident, then the plaintiff’s loved ones can recover damages on their behalf. This type of recovery is available if the victim dies during the accident or later as a result of injuries. Wrongful death damages can include:

• Funeral expenses
• Burial costs
• Loss of financial and emotional support
• Loss of guidance
• Lost income or saving capacity

Punitive Damages

Unlike other damages aimed at making car accident victims whole, punitive damages are designed to punish the at-fault party. They are not awarded in all cases, and not all states allow personal injury plaintiffs to ask for them. States that allow punitive damages typically award them when the at-fault party acts grossly negligent, extremely reckless, with malice, or with a willful disregard for others’ safety. The goal is to discourage the at-fault party and other motorists from engaging in the same accident-causing activity in the future.

Not all states allow plaintiffs to recover punitive damages in personal injury cases. In states that allow punitive damages, many place limits on what those punitive damages can be. Speaking with a personal injury attorney can help you understand what damages are available to you as an accident victim and if there are limits on what you can recover.

Bradley explains that punitive damages are not common in Virginia. “Punitive damages are rarely given because the standard is willful and wanton behavior. Typically, the behavior is really outrageous and extreme.”

How Compensatory Damages Are Calculated

Several factors go into calculating your amount of compensation. It is not as simple as adding up your medical bills and adding some more. Insurance companies and the court will examine your medical costs, injuries’ severity, insurance coverage amount, related pre-existing conditions, and relevant situations.

Economic damages are typically easier to calculate. Actual incurred costs can be totaled from invoices, bills, and payment recipes. Future medical care costs can also be reasonably estimated.

Other damages are more fluid in how they are calculated. For example, pain and suffering and emotional distress do not have a dollar value. However, most courts use a multiplier method to determine damages. The court will take the value of your medical bills and multiply them by standard multiple amounts. Loss of enjoyment of life and consortium also do not have a formula. The court will consider the type and severity of your injuries and how significant of an impact those injuries have on your life.

Once the court has the final total amount of damages, one more element must be considered. How much you will receive of that total amount will depend on whether the state is a contributory or comparative negligence state. The accident fault attributed to each driver can impact the compensation awarded.

Contributory Negligence States

In contributory negligence states, plaintiffs are entirely barred from recovery when they are found to be even slightly at fault. This is sometimes called the 1 percent rule. This stance is restrictive and doesn’t allow for fault on the plaintiff’s side. Four states take this stance:

1. Alabama
2. Maryland
3. North Carolina
4. Virginia
5. The District of Columbia

Comparative Negligence States

The other 46 states practice some version of comparative negligence. There are 12 pure comparative negligence states. A plaintiff can recover regardless of their fault level. The amount plaintiffs recover gets reduced by the percentage they are found liable. Even if the plaintiff is 80 percent responsible for the accident, they can recover the other 20 percent for the other party’s contribution to the accident. This is the most forgiving law for those looking to recover.

Thirty-three states use a modified comparative negligence approach. Plaintiffs in these states cannot recover if they are found 50 percent or 51 percent (depending on the state) or more at fault for the accident. If the plaintiff’s fault is under this percentage, they can recover for their damages. Their reward will be reduced by the percentage they are found at fault.

South Dakota is the only state that uses a slight versus gross negligence rule. It follows a modified comparative negligence approach but adds a determination of subtle or gross negligence. If the plaintiff is slightly negligent, they can still recover. If they are found grossly negligent, they cannot.

Importance of Documenting and Preserving Evidence

You must prove that your injuries and damages directly resulted from the other party’s actions. Having documented evidence is a must, as your word is not enough.

The type of evidence you provide will depend on the injuries and damages you seek compensation for. “Our cases tend to be catastrophic type injuries. Our clients often are involved in accidents with commercial vehicles that are heavier in weight, so the damage is much more substantial,” says Bradley. Common types of evidence used include:

• Medical records
• Police report
• Pictures and video
• Witness statements
• Expert statements

A car accident attorney will use some of your evidence to prove the facts of the accident as you claim them to be. Other evidence will prove your injuries and damages. Then, they will use additional evidence to prove the value of your damages and out-of-pocket expenses.

You will need this evidence after you file your insurance claim. The insurance company will provide you with a settlement offer. If you don’t accept this initial offer, you will enter the car accident settlement negotiation phase. You will need to justify why you want a higher amount. Then, if you and the insurance company can’t come to a settlement agreement, you will need this evidence to present at trial in front of a judge. The more detailed and accurate your evidence is, the more persuasive it will be.

Find an Experienced Car Accident Lawyer to Secure Fair Compensation

Before you accept the first settlement offer that an insurance company makes you, it can be wise to speak with a personal injury attorney. Speak with a lawyer sooner rather than later to ensure you do not miss the statute of limitations. An experienced car accident attorney can provide a case evaluation of the circumstances surrounding your accident.

Once you hire a lawyer to represent you in your car accident case, they will negotiate with the insurance company to reach a settlement agreement. If a settlement can’t be reached, they will move forward with representing you in a trial.

Visit the Super Lawyers directory to find a personal injury attorney who represents car accident victims.