If you’re unlucky enough to be in a car accident, there are a lot of things to think about – your health, the wellbeing of your passengers, and the state of your vehicle, to name a few. One thing you might avoid thinking about is the cost of the accident, but unfortunately, that’s something you’ll have to consider.
The type of damages you can claim depends on the severity of the accident and whether another driver’s negligence caused it. Here, we’ll outline some different financial damages you may claim.
Economic Vs Non-Economic Damages
When it comes to car accidents, there are two main types of damages you can file a claim for: economic and non-economic. Economic damages carry a more direct financial impact and can be quantified easily. This might include medical bills, property damage, lost wages, and funeral costs. Non-economic damages are more difficult to quantify but can still have a significant impact on your life. This might include pain and suffering, emotional distress, and loss of consortium.
In general, economic damages are easier to claim because there is a direct financial loss that can be proven. Non-economic damages are not that easy to win because it is more difficult to quantify the damages. However, non-economic damages can sometimes be more valuable than economic damages because they compensate for the intangible ways that the accident has impacted your life. When deciding which type of damages in a car accident lawsuit to pursue, it is important to consult with an attorney who can help you understand the strengths and weaknesses of your case.
Sometimes, you may also claim punitive damages. Punitive damages are awarded to punish the individual responsible for the accident and deter them from causing future accidents. They’re usually only awarded in cases of gross negligence or malice, and, in most cases, they can be pretty hefty – enough to make someone think twice before acting recklessly again.
Proving Fault, Liability, and Settlement
Proving who’s at fault after a car accident can be tricky – especially if the other driver is denying liability. However, there are a few ways to try to do this. For example, if there were any witnesses to the accident, their testimony can help to establish what happened.
If you’re successful at proving the other driver was at fault, you’ll then need to show the extent of those damages. This will usually require medical records, wage statements, and other documentation. Once you’ve gathered all the necessary evidence, you’ll need to start negotiating settlement terms with the other driver’s insurance company. If you’re unable to reach an agreement, you may need to file a lawsuit.
If you’re having trouble proving fault, it’s best to speak to a personal injury lawyer who can help you gather the necessary evidence.
If you’ve been in a car accident, it’s important to know what financial damages you may be able to claim. Economic damages have a direct financial impact and can be quantified easily. On the other hand, non-economic damages are not easily quantifiable, but can still have a significant impact on your life. You also qualify to claim punitive damages if the other driver was grossly negligent or malicious.