When you get into a car accident, you might be wondering how to get compensated for your losses. First, you need medical treatment and recovery if you are injured in an accident. However, if you lose a loved one, you can never replace them.
According to NHTSA, approximately 42,915 people died in motor vehicle accidents in 2021, including car accidents. It is a 10.5% increase from 2020 and the highest number of accidents recorded in 2005.
If you are lucky enough that you have survived a car accident, many different types of compensation may be available for you to claim. The following is a list of the most common types:
In addition to the physical injuries you sustained, you may have incurred medical costs related to the accident. If you went to the emergency room or doctors treated you for one of your injuries, these treatments can be claimed as part of your compensation. There are various types of compensation that you can claim.
According to NSC injury facts, the average economic cost of motor vehicle accidents that caused death was $1,750,000 in 2020. The average cost which caused disability was $101,000. This average cost included medical expenses, wage losses, motor vehicle damage, administrative expenses, and employers’ uninsured expenses.
Most states allow injured victims to receive compensation for all out-of-pocket expenses associated with treatment, including doctor visits and prescriptions. If there are lasting effects from your injuries that need further help, these costs can also be reimbursed. You can file a claim through your insurance company or lawyer.
Pain and Suffering
Pain and suffering are common types of compensation that people can claim after an accident. However, it may be the most difficult category because it is difficult to quantify pain and suffering. In addition, it can be different for different persons and cannot be quantified unless you have an expert witness who can testify. But what do they mean, and how do they work?
In the US, every state has different compensation systems and insurance claim types regarding car accidents. Suppose you have been injured in an accident in any city of Texas, like Austin, Houston, or Galveston. In that case, you are entitled to compensation for your pain and suffering according to Texas rules. The rules and insurance system will be the same for Houston or any other city within Texas.
Thus, you can include short-term and long-term damages if you want to claim compensation for pain and suffering in Houston. Short-term or acute pain is experiencing physical or mental injury immediately after the accident. Long-term damages refer to those that occur after months or years after the initial event occurred.
Texas comes under the ‘fault’ car insurance state. If you are in a car accident, the driver who caused it will be considered at ’fault.’ Therefore, they will be responsible for compensating your claim. However, you are also entitled to inform your insurance company to receive the compensation you deserve. Remember that you should be at ‘no fault’ while claiming such compensation in Texas.
Temporary and/or Permanent Disabilities
Temporary Disabilities: These are more common than permanent ones and include broken bones, soft tissue injuries like whiplash, and other physical pain. Temporary disabilities usually require medical care and treatment, but they do not last for a significant amount of time.
Temporary disability claims are generally the easiest to prove and are handled by insurance companies. They can be brought when you’ve been injured on the job or in an automobile accident.
Permanent Disabilities: Brain damage, paralysis, and loss of sight or hearing due to the accident. Permanent disabilities can be life-changing and often require extensive medical treatment for the rest of your life. Permanent disabilities are among the most difficult to prove, but you may be entitled to compensation if you’ve suffered an injury like this.
Lost wages are the amount of money you could have earned during your incapacity. It can include your current salary and any bonuses or other benefits you would have received had you been able to work.
For example, if someone who makes $30 an hour loses two weeks of work because of a car accident and cannot find another job for that period. They might be able to claim lost wages based on how much they would have made at their normal rate.
However, certain factors determine whether or not someone can receive these damages after a car accident:
- Lost wages cannot be claimed if the individual was fired from their job due to the injuries sustained in a crash. In this case, they will need a lawyer specializing in workers’ compensation law.
- The employer must provide proof to calculate how much money will be given through lost wages claims. The proof needs to state how much time off work was due solely to injury-related effects.
Property damage compensation is the second type you may be eligible for after a car accident. It is the money you need to repair your car and replace any lost or damaged property, like a seatbelt.
The other driver can pay your property damage expenses if you don’t have insurance. However, be careful about signing anything without consulting an attorney first. If both drivers are at fault and neither has coverage, no one may end up paying for any damages. If you have insurance, your insurance company should cover all or most of these costs on your behalf.
Loss of Consortium or Companionship
If you have been injured in a car accident and cannot make love to your significant other, then you may be able to claim loss of consortium. It is a legal term that refers to the loss of the companionship and affection of a spouse, partner, or family member due to an injury. Companionship is more than just sex; it’s about love, caring, and affection.
Punitive damages are given to punish the defendant for their actions. They are not given for actual damages but to punish the defendant for their actions. Punitive damages are often awarded when the injury is severe and the defendant’s actions were particularly egregious or malicious.
For example, if a driver commits an act of gross negligence that results in severe injury to someone else, punitive damages may be appropriate. The goal is not necessarily to make up for all of your losses. It’s about punishing this person and ensuring they never do it again.
According to WTWCO, punitive damages are also insurable. However, insurability is a matter of a particular state. Currently, in the US, there are 26 states that allow directly evaluated punitive damages to be insured.
In conclusion, there are many ways to get compensated for injuries sustained in a car accident. It is important to know that you can claim for any injuries you have suffered from the crash, even if they might not be visible at first glance. The best way to know what you can claim is to consult an attorney. They will be able to help you through the process and ensure you receive all compensation you deserve.
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