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Victims of car accidents can be overwhelmed by the options facing them when the decision is made to pursue any personal injury claims, such as medical expenses and any lost income. The list of concerns that may be tied to victim compensation goes beyond what might be considered common and ordinary medical expenses. In fact, as posted on the Nolo.com website, any “fair and just” compensatory damages will generally fall into these categories:
When it comes to medical treatment: Aside from any immediate medical treatment, a personal injury attorney will represent the victim to make sure any future medical treatments are also fully compensated for.
The loss of property: To determine reimbursements the value of most all property affected by the accident---including clothing---is set by looking at its “fair market value.”
The loss of income: Missing a few days of work is not the only consideration when attempting to be fairly reimbursed for lost wages. Injuries might very well affect the earning capabilities of the victim in the future.
The emotional fallout: The victim’s mental state may be impacted to the point that they lose sleep, are fearful and anxious. If so, “compensatory damages” can be deemed most appropriate.
“Pain and Suffering:” Compensation might also be forthcoming if the parties not only underwent “pain and serious discomfort” at the time of the accident, but also for such conditions in the “immediate aftermath” of the accident and beyond.
Compensating for ‘loss of enjoyment:’ Car accident victims may not be able to return to an old hobby, exercising, or even pursuing certain recreational activities. Consequently, they may receive “loss of enjoyment” compensation.
“Loss of consortium:” Personal injuries may also affect how the victim is able to relate to their spouse, including sexually or with ongoing companionship. In some states, such damages can be awarded to the family member and not the “injured plaintiff.”
Factors that can affect the awarding of damages:
What role did the victim’s own actions play during or after the accident? Oftentimes, cases are affected by how the injured person’s actions affected the accident---the outcomes can reduce the amount of damages awarded:
Comparative negligence: Not surprisingly, a plaintiff’s role in the accident, or comparative negligence---no matter how insignificant it may seem---can affect the amount of the awarded damages.
Contributory negligence: A few states will look at the impact the plaintiff’s role had in the accident, which may prevent compensatory damages from being awarded; this, even if the plaintiff had only a partial role in the accident’s outcome.
