When a person is injured in an automobile accident, that person may seek financial relief or damages via a car accident personal injury claim. There are 4 main types of factors that need to be considered in order to determine the proper amount of compensation to be requested.
Medical Care
This refers to the amount of medical care that the victim needs after the accident. This breaks down into three main categories:
- The medical care that the victim has already received.
- Any continuing medical care that the victim requires, such as physical or occupational therapy.
- Any projected medical care that the victim will require in the future to maintain an acceptable level of living after the accident.
Compensatory Damages
These damages are designed to compensate the victim for the loss due to the accident and return the victim to the same financial situation he/she was in prior to the accident. These damages include both economic and non-economic damages. Economic damages are the costs that have been paid by the victim between the time of the accident to the present time. Non-economic damages refer to the pain and suffering endured by the victim since the time of the accident.
Impairment of Physical and/or Mental Abilities
This category of damages refers to the physical and/or mental impairment suffered by the victim due to the accident. The calculation of this type of damage will include the types of impairments below:
- Physical impairment
- Mental impairment
- Mental anguish
- Disability
- Disfigurement
- Dismemberment of limbs
- Loss of employment
- Loss of earning capacity
- Loss of wages
- Loss of consortium in a marriage (or a disruption of the marriage relationship caused by the injury sustained in the accident)
- Loss of enjoying life
Punitive Damages
This category of damages can be applied to punish and deter the offender who caused the accident to occur. This especially applies to automobile accidents when the offender was driving recklessly and/or was legally intoxicated when he/she committed the accident.
Getting Legal Help
If you have been the victim of an automobile accident and are seeking compensation via a car accident personal injury claim, it is recommended that you contact an experienced personal injury attorney. A personal injury attorney can carefully evaluate your individual case and determine what legal options you have. Personal injury cases resulting from automobile accidents can be complicated, but an experienced personal injury attorney can handle these types of cases for their clients easily.
