The aftermath of one car accident may look like another, but the circumstances surrounding them are rarely the same. Fault, insurance policies, and court awards can all vary depending on the specific situation. While no one can guarantee the exact value of a case, an injured party may be able to roughly estimate the amount of compensation they may be entitled to. The amount of recovery will depend on the extent of accident-related costs.
The National Safety Council estimates that, on average, car accidents that cause permanent disability can cost well over $1 million. Injured parties may be entitled to recover compensation for medical expenses, pain and suffering, property damage, and lost wages. When another’s negligent or reckless behavior causes an accident, they may be responsible for any resulting injuries. However, determining the amount of compensation an injured party deserves can require complicated estimates and calculations.
The amount you are entitled to recover will depend on the severity of your injuries. Not every accident will leave victims permanently disabled, but you may deserve compensation for even minor injuries. Injured victims should always track any accident-related expenses they incur. Common damages include:
Punitive Damages
A court may decide in extreme cases that the other driver’s conduct may be punishable. Punitive damages are additional damages intended to deter especially egregious behavior in the future. Awards of punitive damages typically come from a judge. The amount of punitive damages injured victims may receive is limited by caps set by state law.
Compensatory Damages
Injured victims are typically entitled to compensatory damages. Injured victims may seek reimbursement for any accident-related costs. Compensatory damages may include gas costs you incurred when driving to doctor appointments. In addition, you may include intangible costs, such as loss of enjoyment of your hobbies. However, not every victim will be awarded every cost they claim. Successful claims must show that the costs claimed stemmed directly from the accident. There are no limits on compensatory damages in Georgia, but you’ll have to show proof of the costs you incurred.
Developing a complete list of costs can be a time-consuming process. Be sure to track every expense you encounter resulting from the accident. It’s not an easy task, but there are a lot of expenses that should be included in your car accident claim, including:
Medical Treatment
You can seek compensation for a wide range of medical costs. Medical expenses may include emergency transportation services, surgeries, in-home care, and physical therapy. All medical expenses injured victims claim must be directly related to injuries experienced in the accident. Unnecessary diagnostic testing or treatments for ailments that you cannot sufficiently link to the wreck may not be applicable.
Pain and Suffering
Motor vehicle accidents are traumatic experiences, and at times they cause pain that isn’t the type that medicine can cure. It is difficult to assign value to continued trauma, permanent loss, and disabilities that stem from a car accident. If you develop a disability or permanent disfigurement, you should include those costs in your car accident claim. If you cannot enjoy the quality of life you experienced before the accident, you should include those costs in your claim. The resulting depression, anxiety, or the loss of companionship may also be included. Although these damages are inherently more difficult to calculate, your treatment providers can help you support your claims.
Property Damage
Any damage to your property resulting from the accident is a cost that is relatively easy to calculate. You can take your car to the shop for a mechanic to diagnose, and they will be able to provide you with an estimate of the costs of repair or replacement. Be sure to document any estimates related to the costs of property damage. Take note of broken parts you replace, the fixes they can manage, and expected future maintenance.
Lost Wages
When injuries cause victims to miss time from work, lost wages may be included in their claim for damages. Your time has value beyond your paycheck. You should always start with your lost wages. Additionally, you should include any commission you missed, vacation days you couldn’t take or promotions you were not considered for due to your injuries.
Assign Fault
Even when accident costs are astronomical and you have evidence to prove it, you will also be required to show that another party’s fault caused your injuries.
The level of fault of those involved in an accident is typically determined by a liability investigator, insurance provider, or a jury (if your case proceeds to trial). Police reports, admissions of fault, and charges imposed will begin to reveal who was responsible for the accident. Interviews with you, the other party, and any witnesses can be critical for filling in the details.
One might assign fault in an accident by:
- Proving another driver’s violation of motor vehicle laws that contributed to the accident. If an accident resulted from another driver running a red light, speeding, or improperly yielding, they will likely be assigned a higher percentage of fault.
- Showing the accident occurred as a result of distracted driving. Driver distractions include anything that takes a driver’s eyes off the road, hands off the wheel, or minds off driving.
- A vehicle’s mechanical failure can assign fault to the driver or mechanic responsible for the vehicle’s maintenance. When another driver’s brakes go out and cause a collision, they will typically be assigned fault for the accident.
Car accidents can have devastating consequences, and you should not have to shoulder the financial burden if you didn’t cause the car crash.
Track your costs so your car accident lawyer can prove their connection to the accident, strengthen your claim, and hold the person responsible for your accident accountable so you can recover the compensation you deserve.
