If you have been injured in an automobile accident you may bring a claim or lawsuit to recover the actual expenses associated with your property damage, medical costs, economic damages, and emotional and physical pain and suffering. However, recovering the full value of your damage can be complicated. Retaining an experienced lawyer that has represented the injured for years, places you in the best position to receive the recovery that you deserve for your injuries.
DamagesIn automobile accident cases, as in all negligence cases, the injured party may recover for physical pain and suffering, mental pain and suffering, medical and rehabilitative expenses, past and future lost income, permanent impairment and permanent disfigurement. Typical damages may also include future medical bills that are reasonably certain, loss of enjoyment of life, and physical property damage. A previous injury does not necessarily prevent the right to recover compensation. The injured party may still recover damages for re-injuring or aggravating an earlier injury. In order to document the damages, a person injured in an accident should keep a daily diary describing how the injury affects him or her and his or her immediate family.
Family Member's DamagesThe spouse of the accident victim may also be able to recover for damage to the marital relationship. Both the husband and wife usually bring the claim, which is known as "loss of consortium." Loss of consortium generally refers to any negative effect on the marital relationship caused by the accident, and includes loss of the spouse's love, companionship, comfort, affection, solace, moral support, sexual relations, ability to have children, and physical assistance in the operating and maintaining a home. Loss of consortium can be either temporary or permanent.
InsuranceIf the responsible party has insurance, then his or her insurance company should compensate the victim for his or her damages. Unfortunately, most insurance companies refuse to play fair when making their offer. If the other driver has insufficient insurance or is not insured at all, the victim may be entitled to compensation from his or her own insurance company under the uninsured or underinsured motorist provision. Also, other insurance policies, such as the policies of other family members or employers, may provide benefits to the injured person. Even if the injured person was partially at fault, the law may permit a recovery. To protect yourself and your family in the event of an accident, you should contact an experienced attorney to review your insurance policies and to inform you of your legal rights under your policies.
Recovery AmountThe value of an automobile accident case depends on a number of factors, including how the accident occurred, how easily the other party's fault can be established, the type and seriousness of the injuries, the type, frequency, and extent of medical treatment required, and the amount of insurance coverage available. Other relevant factors may include how the accident occurred, the extent of vehicle damage involved, whether the injuries are permanent or involve significant scarring, the amount of your past and expected future medical bills, and the effect of the accident on your income. Every personal injury case is different. Therefore, the assistance of an attorney experienced in handling automobile accident cases, is vital to determine the fair value of your personal injury claim.
ConclusionInjuries received in a auto accident can be catastrophic and life altering. Serious and disabling injuries can affect not only the injured person, but family members as well. Even relatively minor injuries that require medical care and result in lost time from work can have a great impact on a family. If you are an automobile accident victim and have questions or concerns about your losses, contact our personal injury law firm to assist you by diligently pursuing the individuals or companies that caused your injuries, determining what insurance is available, and maximizing your recovery.
If you have been injured in a car accident, contact Carabin Shaw today. We offer free initial consultations and work on a contingent fee basis, which means that there is never a fee unless we successfully resolve your case.
For immediate assistance, call us toll-free at 800-862-1260.