Attorneys specializing in car accidents are familiar with insurance companies that often reject or minimize compensation claims. The professionals handling the claim are proficient in gathering all the vital evidence required for a successful claim. This includes police reports, witness statements, medical records and bills, employment details, and lost wage information.
When building a claim, an attorney will consider the following four categories of damages: current and future medical expenses, lost wages or income, pain and suffering, and loss of consortium.
Typically, car accident victims obtain compensation for many types of damages, such as the cost to repair or replace their vehicle, medical bills, lost wages and income from missing work due to injuries, pain and suffering, and loss of consortium (damages that impact the quality of your relationship with family members). The limits of your insurance policy may limit the amount of your monetary recovery.
A well-versed Oroville car accident attorney will help you understand your legal rights and the process of obtaining fair compensation. It is also essential to obtain all relevant information at the crash scene, such as the other driver’s insurance policy, insurance card, and license plate numbers.
After a car accident, you must obtain medical attention immediately. Not only will it ensure that you are not seriously hurt, but it also helps to document the crash scene in case an insurance company requires it for a claim or lawsuit.
Documenting the accident scene, including the date, time, location, weather conditions, road condition, vehicle type and make, license plate number, damage description, injuries sustained by all parties involved, and names and contact information of witnesses, is crucial. Also, keeping a journal of any physical or mental suffering you experience will help prove your losses.
Lost Wages or Income
If your injuries have kept you from working, you may be entitled to compensation for lost wages. This part of your damages usually comes from the at-fault driver’s insurance company or your personal injury protection (PIP) coverage.
This portion of your damages is calculated by adding the days you missed work and multiplying that amount by your hourly or annual salary. It also considers other financial benefits you’ve missed because of your injury, such as tips, bonuses, incentive pay, accrued sick and vacation leave, and other perks.
A car accident attorney can help you determine your losses and ensure they’re appropriately included in your claim for damages. They can also help you obtain future lost income if your injuries are permanent or long-term.
Pain and Suffering
When it comes to car accident damages, pain, and suffering is a catch-all term that can include various issues. It includes physical pain you’ve experienced and may experience in the future and emotional trauma or mental distress caused by your injury.
This can include anxiety, sadness, loss of enjoyment, anger, embarrassment, or fear due to injury. It can also include post-traumatic stress disorder or PTSD.
For your attorney to adequately assess your pain and suffering, you must provide detailed information regarding the crash.
Loss of Consortium
In some cases, an injury due to another person’s negligence can have a long-term impact on the injured party’s relationship with family members. These claims are called loss of consortium and may include non-economic compensatory damages similar to pain and suffering.
These claims are typically awarded to spouses and domestic partners but can extend to parents and children in some states. They are based on losing love, affection, companionship, parenting, and sexual intimacy in the affected relationship.
Proving the value of these damages can be difficult. Unlike economic damages that can be easily documented, the evidence for these types of losses may be subjective. However, a skilled car accident attorney can help the injured victim recover total compensation. A settlement of the accident victim’s case usually resolves the loss of the consortium claim.