This page was written, edited, reviewed & approved by Dustin Lance following our comprehensive editorial guidelines. Dustin Lance, the Founding Partner, has handled many types of personal injury cases and is licensed in Utah and Idaho.
If you've been involved in a car accident, understanding the types of damages you can recover is important. Understanding the types of damages in car accident cases is essential for car accident victims seeking to recover losses.
Lance Bingham helps you navigate through the different kinds of damages available in a personal injury case. We make sure you know what compensation you can seek and how to get a fair settlement.
Our experienced legal team of Utah car accident lawyers is ready to guide you through the process of filing your car accident claim and help you recover the maximum compensation for your car accident injuries. With the right legal support, you can ensure that all your damages, from medical bills to emotional distress, are taken into account.
Damages in a car accident case refer to the compensation that an accident victim can receive for their losses and suffering. These damages are typically divided into three categories: economic, non-economic, and punitive. Each category compensates for different aspects of the injury or damage caused by the accident.
| Type of Damage | Definition | Examples |
|---|---|---|
| Economic Damages | Compensation for tangible financial losses resulting from the accident. | Medical expenses, lost wages, property damage |
| Non-Economic Damages | Compensation for intangible harm that affects your quality of life. | Pain and suffering, emotional distress, loss of enjoyment |
| Key Difference | Economic damages are measurable, while non-economic damages are subjective. | Economic damages are based on receipts, while non-economic damages are based on personal impact and suffering. |
| Type of Damage | Purpose | Examples |
|---|---|---|
| Compensatory Damages | To make the injured party whole again. | Medical expenses, lost income, pain, and suffering |
| Punitive Damages | To punish the responsible party. | Awarded in cases of extreme gross negligence or intentional harm |
Economic damages are intended to compensate for financial losses resulting from a car accident. These damages are easier to calculate because they are directly related to tangible losses.
Here are some examples of economic damages:
This includes all medical expenses, such as hospital bills, doctor visits, physical therapy, and future medical costs, such as surgeries or treatments. These costs are added to your car accident claim to ensure you are compensated for your physical injuries.
If you miss work due to your injuries, you can recover lost wages. If your injuries prevent you from working in the future, lost income or future earning capacity can also be claimed.
This covers the repair or replacement of your vehicle and any other damaged property, such as personal items inside the car. Repair estimates are used to determine how much compensation you should receive.
Unlike economic damages, non-economic damages compensate for intangible harm that doesn’t have a clear monetary value. These damages account for the emotional and psychological effects of the accident.
Pain and suffering refer to the physical pain and discomfort caused by your injuries. It also includes chronic pain and permanent disabilities that affect your daily life.
The emotional distress and mental anguish caused by an accident can be severe. This can include post-traumatic stress disorder (PTSD), anxiety, depression, and other emotional problems related to the trauma of the accident.
Loss of consortium refers to the loss of companionship, affection, and support from a spouse or family member due to the injuries sustained in the accident.
Punitive damages are meant to punish the responsible party for gross negligence or reckless behavior. These damages are not awarded in every case but are intended to deter harmful actions.
Punitive damages may be awarded if the at-fault driver acted with gross negligence, such as driving under the influence of alcohol or drugs, or intentionally caused harm.
Punitive damages are calculated based on the defendant’s behavior. If the defendant acted in an especially harmful or reckless manner, the court may increase the award.
The amount and type of damages you can recover depend on who was at fault for the accident. In some states, you may only recover damages if you were not fully responsible for the crash.
Under the comparative negligence rule, if you are partly at fault for the accident, your compensation may be reduced. For example, if you were 20% at fault, you could receive 80% of the total damages.
Insurance companies play a crucial role in assessing damages. They will determine the monetary value of your damages based on medical records, repair estimates, and other evidence. The insurer will then offer a settlement based on their assessment of the accident.
To calculate the value of your damages, you must gather all necessary evidence and calculate both economic and non-economic damages.
Here are some steps to help you through the process:
Once you have all the necessary evidence, it’s time to negotiate a fair settlement. This may involve working with an accident attorney to ensure you receive fair compensation for your losses.
A skilled car accident lawyer can assist in calculating your damages, negotiating with insurance companies, and ensuring you receive the best possible settlement for your injuries.
Experienced auto accident lawyers have the experience to accurately assess the value of your damages, including both economic and non-economic losses.
A personal injury lawyer will fight for your rights and make sure you recover the full extent of your damages, even if it means going to court.
When pursuing an insurance claim, it’s important to understand how different damages are calculated. This includes both actual losses and future losses due to your injuries. Knowing how to calculate these damages ensures you are asking for the maximum amount of compensation that reflects the full extent of your suffering and financial impact.
General damages typically include compensation for emotional distress caused by the accident, as well as the pain and suffering that affects your daily life. These are subjective damages, but they are important when determining your overall settlement.
Your car accident lawyer will help calculate these damages based on the severity of your injuries and how they impact your quality of life.
When calculating damages, actual losses such as medical bills and lost wages are easier to quantify. However, it's also essential to account for future losses, including ongoing medical treatment or a reduction in future earning capacity.
These factors will contribute to your insurance claim and ensure that you are compensated fairly for the long-term effects of your injuries.
Damages in a car accident case include economic damages (medical expenses, lost wages), non-economic damages (pain and suffering, emotional distress), and punitive damages (for gross negligence).
Punitive damages are awarded in cases of gross negligence or extreme recklessness, such as driving under the influence.
If your serious injury results in permanent disability, you may be entitled to more compensation for future medical expenses and lost earning capacity.
Car crashes can lead to a variety of damages, including actual damages like medical bills, property damage, and car rentals, which will be factored into your claim.
In extreme cases, where your injury results in long-term effects, future loss, and reduced capacity for work or daily activities will be included in your settlement.
If you've been involved in an auto accident, it's important to understand the types of damages you can recover. Lance Bingham offers a free consultation to discuss your personal injury lawsuit and car accident claim. We will walk you through the process, ensuring you are aware of all the damages to which you are entitled and helping you recover the maximum possible compensation.
Our experienced car accident lawyers are here to guide you through your auto accident case, making sure you receive fair compensation for your medical expenses, lost wages, and pain and suffering. Don't let the complexities of the legal system stand in your way.
Contact us today for a free case evaluation and let us fight for the compensation you deserve.
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