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Types of Compensation Available in Car Accident Claims

If you have been involved in a car accident, the aftermath can be traumatic. Your focus will be consumed with lost wages, medical bills, physical injuries, and emotional trauma. Knowing the types of compensation available guarantees you can recover.

The law offers a right for victims of an auto accident to seek compensation for loss or injury resulting from incidents that are caused by another’s negligence.

Our team of Denver car accident lawyers knows the significance of getting the monetary recovery you deserve. We can assist you get all the compensation available for your losses after an auto collision.

A car accident can be distressing for victims, their families, and their livelihood. Left with many expenses, it’s common to wonder, “What can you claim in a car accident?” Several types of damages can be claimed. If you’re a victim, realizing them is vital to guaranteeing you receive fair compensation.

Whether you’re dealing with medical bills, emotional stress, or loss of wages, knowing your rights and working with an experienced auto accident attorney in Denver can make a major difference in the aftermath of a vehicle collision.

Damages are the means that you have been adversely affected because of the accident and your injuries. Here are the common types of damages in a car accident.

Medical Expenses

Your medical expenses will make up a substantial portion of your damage claim. You could be entitled to get compensation for the medical expenses you sustained immediately after the accident such as:

  • Surgery
  • Mobile aids (crutches, canes, or wheelchairs)
  • Prescription medications
  • Ambulance charges
  • Hospitalization
  • Emergency room treatment

If you need follow-up care because of the injuries you sustained, you can also request compensation for this medical care. Moreover, if it is anticipated that you will likely need medical care in the future for the injuries you endured, you can ask for compensation for your future medical expenses.

Since it can be hard to assess the full extent of your injuries right after an accident, we urge accident victims to get immediate medical attention and obey all doctors’ orders.

Out-of-Pocket Expenses

There are several factors to consider when seeking financial compensation following a car accident. There isn’t a standard formula for deciding the financial reimbursement amount that is recoverable.

Every client’s case is different. Some car accident-related expenses have the possibility of continuing for several weeks or months after a serious accident. In the case of devastating injuries, the related costs could last a lifetime.

Serious Injuries

For serious injuries (property, physical, and emotional), you have the right to get financial compensation via a civil claim against the at-fault motorist. These are a few examples of serious injuries:

  • Bone fracture
  • A severe disability lasting over three months
  • Permanent disability
  • Major disfigurement
  • Permanent limited use of a certain body part
  • Permanent organ damage

An auto collision can be terrifying. Besides physical injuries, some drivers also must deal with unending feelings of worry and fear. One of the most severe types of emotional trauma is Post-Traumatic Stress Disorder (PTSD). Symptoms from this debilitating illness may take years to work out and are usually treated with a combination of therapy and medication. Warning signs that a victim of an auto accident could be suffering from PTSD are:

  • Unexplained anger
  • Extremely nervous about driving
  • Chest pains
  • Nightmares and problems with sleeping
  • Dizziness
  • Continuously reliving the accident in your mind
  • Constant feelings of worry and anxiety

Loss of Income

Some injuries might fail to work in a normal capacity or result in having to leave your job completely.  Any time away from work means lost wages, resulting in a financial loss whether it is being:

  • Completely out of the office
  • Having to use sick days or vacation time
  • Working at a decreased capacity

This can make you eligible for compensation to make up for the loss of income.

If injuries have affected your ability to earn a living, the economic damages can include monetary compensation for lost wages. When calculating the amount of possible future earnings you might miss, many factors are considered including:

  • The extent of your damages
  • Your job industry
  • Your age
  • Pre- and post-accident earning potential. Compensation for loss of wages could also be given in the case of a wrongful death, especially if the person had a significant impact on the financial well-being of others.

Economic damage is a financial loss that’s due to an auto accident. The injured party has either already experienced these monetary losses or will undergo them soon. Sometimes, economic damage may be linked to a specific monetary value.

Loss Of Companionship or Affection

Married couples could suffer if one member of their union is hurt in an accident. An injured party might not be able to display affection or engage in sexual activity. Legally, this is referred to as a loss of consortium.

These sorts of losses are only able to be claimed by an uninjured mate. There must be recovered, injury-related damages to qualify for loss of companionship or affection.

If a driver dies due to their injuries, the surviving family can claim loss of companionship. These factors are considered during this claim type:

  • Proof the deceased had a loving relationship with the plaintiff
  • The relationship was considered healthy and loving
  • The effect of the driver’s death is significant to the surviving family member(s)

Property Damage

You have the right to seek compensation for the cost of replacing or fixing your vehicle. If any other personal property was destroyed in the accident, you can also get compensation for that as well.

Pain and Suffering

The courts know that you may suffer mental or physical pain due to the collision. Even if a dollar amount cannot simply be put on your suffering, you still have a right to seek compensation for it.

We suggest you keep a journal during the time you’re seeking compensation for your collision. This can assist you in keeping track of vital information. You can also write about how the accident has affected your life.  An insurance adjuster can later review your notes to decide what is a sufficient amount for your pain and suffering.

Punitive Damages

Unlike the other types of damage discussed in this article, punitive damages are not just for victim compensation.

They also send a message to the public and the other defendant individually that their reckless actions and negligence are unacceptable. Punitive damages are a type of punishment. They also work to stop the defendant or other motorist from acting similarly in the future.

Punitive damages are seldom but they are sometimes awarded in car accident cases where the defendant’s actions go way past ordinary negligence like in cases involving street racers and drunk drivers.

Wrongful Death Damages

If you lose a loved one in an auto accident, you might be able to get wrongful death damages including:

  • Funeral costs
  • Medical bills
  • Loss of enjoyment of life
  • Pain and suffering
  • Loss of companionship

A personal injury attorney can assist you in computing these damages and letting you know if you are eligible to file a claim on behalf of the deceased loved one.

How to Collect Damages After a Car Accident

You need to file a personal injury claim with the at-fault motorist’s insurance company to collect damages from an auto accident. With this claim, you will also need to prove:

  • The negligence of the other driver
  • How the at-fault driver’s negligence caused your collision
  • Your damages and injuries directly resulting from the auto collision and the negligence of the other motorist
  • You can verify your damages from the collision

To support your claim, you and your attorney will need to collect evidence of the accident, your damages, and the other motorist’s fault. You can achieve this by:

  • Saving receipts and bills
  • Collecting picture evidence
  • Getting medical attention for your injuries
  • Keeping a journal of how the accident has affected you
  • Getting contact information from witnesses

It’s best to get an auto accident lawyer to assist you with the insurance claim process. Having a lawyer isn’t required, however, it is almost impossible for most car accident victims to know precisely how to safeguard their legal rights during this process. This is where partnering with an experienced Denver auto accident attorney comes into play.

Contact a Denver Automobile Accident Lawyer Today

If you or a loved one has been hurt in a car accident, contact the Denver car accident attorneys of Lampert and Walsh. Our attorneys can help you and your loved ones get the compensation you deserve. If you have any questions about the compensation to which you may be entitled after an auto collision, call our office or fill out our online contact form for a free case evaluation.

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