What Damages am I entitled to After a Car Accident?

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1. Recovering compensation after an accident.

REVIEWED BY

C. William Kenny

February 02, 2024

Board certified by National Board of Trial Advocacy

After a car accident, many may wish to pursue a personal injury claim against the at fault party to recover damages sustained in that crash.  But many do not know, what damages they are entitled to.

To determine the full range of damages sustained in an accident, certain items must be taken into consideration including: the length of time a person is under treatment, what their doctor says about their recovery and any ongoing problems they may have.

Once the medical evidence has been reviewed you can begin to evaluate the other aspects of the claim which include unpaid medical expenses along with future medical expenses, unpaid wages and any future wages, loss of earning capacity, out of pocket expenses and the pain and suffering portion of any claim.  If someone is married their spouse may also have a claim for a loss of consortium; the help and companionship of their spouse.  In cases of catastrophic injuries, you may consider the cost of long-term care, nursing home or in-home care and the consequences of that significant injury.  If someone dies in an accident, you may file a claim for wrongful death and survival benefits which is brought forth by the personal representative of the estate of the victim against those responsible.

If you have selected full tort coverage you can also make a claim for pain and suffering damages. Pain and suffering damages include physical pain and suffering, emotional distress, loss of life’s enjoyment and aggravation.  These are considered non-economic detriment; things that you cannot place a dollar amount on.

If you have selected limited tort coverage you cannot make a claim for pain and suffering damages unless you sustained a serious injury which is defined by law as death, dismemberment or the loss of a bodily function.  Often attorneys see people with serious injuries caused by another person’s negligence who cannot be compensated for their pain and suffering because they selected limited tort coverage.

Consulting or hiring an attorney is always a good idea after an accident. It is your attorney’s job to build a strong claim for damages against the at fault party..

Recovering compensation after an accident.

If you or a loved one were injured in an accident, contact the personal injury attorneys at Berger and Green.  Our attorneys will provide you with a free no obligation consultation to evaluate your case.  Call 412-661-1400 to speak with an attorney today.