How Much Can Someone Sue for a Car Accident?
The amount of compensation you can pursue after a car accident depends on the facts and circumstances surrounding your crash and the extent of your injuries and property damages. If you have a mild case of whiplash after a fender-bender, the at-fault party might be liable to pay under $10,000 in medical and vehicle repair costs. If you have a permanent disability, the negligent party could be liable to pay millions of dollars for long-term medical care, lost future income and pain and suffering.
To accurately estimate how much financial compensation you can pursue after a car accident, it’s important to understand the different categories of damages in a car accident lawsuit.
Categories of Damages in a Car Accident Lawsuit
Car accident damages can be divided into two types: (1) tangible damages that are concrete and economic in nature and (2) intangible damages that are abstract and non-economic in nature.
Tangible Damages
Tangible car accident damages can be calculated based on financial data found in receipts, current prices for services and supplies, expert appraisals, future projections and other information. Tangible damages include:
Medical Expenses
The most important category of damages in a vehicle accident lawsuit relates to medical expenses. These expenses relate to the current and future costs of medical treatments, rehabilitation services and more. Some of the most common medical expenses are:
• Ambulance and emergency air transportation
• Medication
• Time spent at the hospital
• In-home services
• Surgeries and other medical procedures
• Medical and physical rehabilitation
• Prosthetics
• Medical supplies
• Cognitive therapy sessions
• General doctor and medical specialist visits and evaluations
• Medical testing and lab work
Lost Income
Plaintiffs who become disabled because of a car accident will be able to claim lost income as economic damages. Lost income includes a calculated amount of income that has already been lost, in addition to future lost income. Courts will also take into account whether a particular disability is permanent or temporary in nature.
Property Damages
Property damages are not personal injuries to the plaintiff’s body or person. They usually involve damages to a plaintiff’s car. Remuneration for property damages can help a plaintiff repair or replace his or her vehicle. In the case of a bicycle versus car accident, a plaintiff can use the money to replace his or her bicycle.
Loss of Consortium
The spouses of car accident victims might be able to pursue damages relating to loss of consortium. Loss of consortium damages relate to loss of companionship, marital benefits, affection, spousal services, household services, childcare services and more. Some loss of consortium damages – like lost household services and lost childcare services – are economic losses and easy to estimate. Others – like loss of affection – are intangible and difficult to estimate as they relate to emotional and psychological suffering.
Attorneys’ fees, legal costs and court costs
In certain cases, plaintiffs can receive compensation for the costs and fees associated with pursuing their lawsuits.
Intangible Damages
Intangible damages are non-economic and difficult to associate with an exact dollar amount as they relate to emotional loss, pain, suffering and the psychologically harmful effects of a car accident. Nevertheless, courts do their best to assign fair monetary compensation for these losses – making them a vital part of any personal injury lawsuit. Intangible losses include:
Pain and suffering
Pain and suffering can be emotional or physical in nature. These noneconomic damages could represent a substantial portion of a plaintiff’s claim.
Lost quality of life
If a plaintiff’s injuries prevent the enjoyment of normal life activities – or prevent the enjoyment of hobbies and entertainment activities – the plaintiff will suffer from a reduced quality of life. In some cases, plaintiffs can receive compensation for these damages.
Disfigurement
When injuries to the face and body cause disfigurement, they can negatively affect the victim’s life in psychological, emotional and social ways. Disfigurement can also result in the loss of a job and business opportunities, especially if the plaintiff depends on his or her appearance to make a living.
Punitive damages
Some car accident lawsuits involve a grossly negligent or blatantly unlawful defendant. In these situations, the court might award the plaintiff punitive damages as a way of “punishing” the defendant.
Other Categories of Damages
Since every car accident case is different, there could be other categories of damages relating to the unique circumstances surrounding your case. Also, if a wrongful death has occurred, close family members can pursue money to pay for the burial and funeral expenses of their loved one.
Estimate Your Car Accident Damages Now
As you can see, estimating the exact amount of pursuable damages after a car accident depends on a lot of different factors. However, an experienced personal injury lawyer will leave no stone unturned when it comes to uncovering the full extent of current and future economic losses your auto accident has caused.
If you want to know how much you can reasonably pursue in a personal injury lawsuit, don’t hesitate to contact Bates Law at (619) 222-0900 for a free case evaluation today.