When you experience a car accident, the odds are that you will leave the scene with some of your personal property having been broken, and bodily injuries, such as lacerations, or even fractures. It takes time and money to recover from these impacts, in the form of medical treatment, repairs from the mechanic, and even complete replacement of some items. For this reason, the negligent driver should be held accountable and thus, owe you money for compensation. The compensation that will cover these effects are known as “damages.” To learn the many forms in which damages may come, see the details below.
Types of Damages You May Get in A Car Accident
As stated above, “damages” is the term that refers to the compensation you will receive in the aftermath of a car accident as a result of the impacts on your property, bodily health, and emotional wellbeing. Insurance and legal claims are the methods by which car accident victims seek these damages. During the litigation process, that is, the legal proceedings following the crash, you will present the estimates of the finances that must be recovered by the negligent driver to both your insurer and the court.
This ensures that you will not be paying for these impacts yourself, but that the guilty party will be since they were responsible for causing them. The “types” of damages one can pursue refers to the precise consequences that require repayment. For example, you might seek the following kinds listed below:
- Vehicle repairs. Your car may have only received a few dents here and there, or it may have been totaled altogether.
- Lost income. When you must seek repairs and medical care after an accident, you are likely to miss work. The negligent party is responsible for compensating your lost wages for this time.
- Pain and suffering. Car accident victims often suffer from psychological and emotional distress following a collision. Lasting conditions often require extended medical and psychiatric treatment.
- Medical expenses. Any injuries that you incurred during the crash will require medical attention. No matter how simple or extensive, you should not have to foot the bill.
Any other losses you may have experienced as a result of the crash can be compensated as “damages” as well. When you pursue these funds, it’s best to have the support of a lawyer, since car insurance companies, for one, are known to resist such claims from their policyholders vehemently.
Why You Need a Lawsuit, and Not Just an Insurance Claim
As mentioned earlier, car insurance companies are notorious for their attempts to circumvent policyholder requests for compensation. After all, they are businesses, which means that they must do everything in their power to ensure their profit margin stays intact. This often results in their unwillingness to follow through with a payout, especially when only your car was involved, as is the case in a single-car collision.
Some crashes can be devastatingly expensive to cover. For example, for cases in which the victim becomes disabled due to the incident, there may be millions required in compensation, as they need to modify their housing, vehicles, and more. In such instances, the costs may exceed your policy limits, as well as your insurer’s comfort level. Then, you would need a lawsuit, instead of just an insurance claim.
To learn more about when you should pursue legal action to seek car accident damages, speak to a lawyer.
