Car Accident Injury Claim
Many people who have been injured in an car accident want to know just what is included in their car accident injury claim.
The first fact to understand about any auto accident injury claim is that most states now have comparative negligence laws which may limit the amount that you are entitled be paid. Basically comparative negligence means that you are entitled to receive only the percentage amount of damages that are caused by the other driver.
For example, if it is clear that the other driver was totally at fault for the auto accident, then you are entitled to recover 100% of your damages. However, if the other driver is determined to be 80% at fault and you are determined to be 20% at fault, then you are entitled to recover 80% of your damages as your car accident compensation.
Next, when considering what to include in your car accident injury claim, it is helpful to have a list to go by. Following is a list:
- Medical Bills: This includes the actual cost of medical care and treatment including doctor bills, hospital bills, therapy bills, and medication. Also, as part of your car accident injury claim, you are also entitled to the mileage costs of going to and from medical treatment, but you are not entitled to be paid for the time that you spent in treatment.
- Loss Income: If you miss work due to an car accident, you are entitled to receive the income you loss by missing work.
- Specific Injuries: Specific injuries are injuries that are severe enough to warrant compensation just because you suffered that specific injury. For example, a broken arm or leg. Specific injuries are also injuries that are the results of injuries such as a scar or other disfigurement.
- Pain and Suffering: You are entitled to be paid for any pain that you have suffered and endured after being injured by someone else. Even though it can be difficult to place an actual value on pain and suffering, it is a legitimate damage for which you should be compensated.
- Temporary Disability: This includes work activities that you cannot do while you are recovering from the injuries that you suffered from the car accident. A temporary disability can be a partial disability meaning that you can not do some things after the auto accident, but that you can still do other things that you could do before the auto accident. A temporary disability can be a total temporary disability meaning that you are not able to work at all while recovering from your injuries suffered in the car accident.
- Permanent Disability: Permanent disability is like a temporary disability, except that it is permanent and continues to exist after you reach maximum healing from your injuries. A permanent disability can be either a partial or total disability.
- Future Damages: If your injuries will require medical treatment in the future or will cause you to miss work in the future, then your accident injury claim will also include future damages.
Basically, any damage that you suffered that will affect you in the future is covered in future damages.
- Punitive Damages: In cases where the other driver acted in a reckless or wilful manner and you were hurt, you may be entitled to punitive damages. Punitive damages are designed to punish a person for his/her behavior and to deter the person from acting in the same way in the future. Punitive damages are not applicable to normal negligence cases.
None of the above damages are mutually exclusive. Depending on your situation, your car accident injury claim will include one or more or all of the above damages.
This is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state who has has experience with a car accident injury claim.
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