| What
Damages May I Recover If I Am Successful In My Claim?
Each
jurisdiction determines the available damages a party may recover
in an action resulting from an automobile accident. The policy
behind compensation for injures is to place the injured party
back into the same position he would have been in if the accident
had not occurred. This concept is referred to as making a person
whole.
In attempting to make a person whole, the law recognizes
that damages from an automobile accident can come in many
forms; lost wages, medical expenses, pain and suffering, scarring,
disfigurement, loss of earning capacity and a spouse's loss
of consortium, or loss of the services, society and intimacy
of the relationship. Most jurisdictions attempt to make a
victim of an automobile accident whole by allowing the recovery
of these types of damages.
There are exceptions to this rule in states that have passed
"no fault" insurance provisions or allow for "economic
only" recovery. In this situation, a person may be limited
to recovering only for actual lost wages, medical expenses
and property damage. Pain and suffering may be limited or
unrecoverable in certain states.
Some states even allow a party to recover for punitive damages.
Punitive damages are damages designed to punish an individual
or company in an effort to deter future bad conduct. For instance,
punitive damages may apply when a drunk driver injures a person.
A party generally must meet a higher proof threshold to recover
punitive damages.In states that do not allow punitive damages,
you must prove the out of pocket expenses and extent of your
pain an suffering to make a recovery.
Some states have recently enacted laws that prohibit an injured
party from recovering damages if they do not have the legally
required insurance on their own vehicle. This applies even
if the other person was at fault in the accident.
Such laws, referred to as "no pay, no play" state
that if you do not have insurance on your own vehicle in the
amount required by law, then you are precluded from recovering
your own damages from the other insurance company in an amount
equal to the required coverage. For instance, if your state
requires that you carry a minimum of $10,000 in liability
coverage and you have not purchased that coverage on your
vehicle, you waive the first $10,000 worth of damages from
the other driver's insurance company.
In terms of figuring out what a particular injury or case
is worth, attorneys, courts and insurance companies utilize
various methods. Most courts and attorneys will look at prior
case law to determine what judges and juries have awarded
in the past for similar injuries. If an award or settlement
is within the "range" of prior awards or settlements,
then it is considered reasonable.
Some insurance companies set formulas for determining what
to pay for pain and suffering damages. For instance, some
adjusters will compensate victims at the rate of $1,000 per
month of active treatment with a health care provider. Others
will compensate victims at a rate equal to 2-3 times the value
of the special damages, like medical expenses. (i.e. medical
expenses of $2,000 may provide an offer of $4,000 to settle
the case).
If you have suffered injuries in an automobile accident and
need guidance on the damages available in your jurisdiction,
fill out a free case review form and one of our experienced
attorneys will contact you with an answer.
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