What Type of Compensation Can I Fight for in an Auto Accident Case?
Auto accidents can be traumatic experiences that can leave one with severe injuries, staggering medical bills, and emotional damages. If you have been in an auto accident, you may wonder if there is any way to get compensated for your injuries and damages.
The answer is yes; you can receive compensation for accident-related damages. However, the type of compensation you can fight for will depend on the severity of your injuries and the circumstances surrounding the accident. Discussed herein are the different types of compensation you can fight for in an auto accident case.
Financial Damages
The most common type of compensation in auto accident cases is in the form of financial damages. This type of compensation covers the financial/ economic losses you incurred due to the accident. These damages can include:
Medical Expenses
Medical expenses include the cost of medical treatment that you have received as a result of injuries. This can consist of hospital bills, physical therapy, and the cost of prescription drugs. The compensation can also include expenses for ongoing treatment or rehabilitation.
Lost Wages
If you cannot work due to injuries from an auto accident, you may be entitled to compensation for lost income or wages. This included past and future lost wages.
Property Damage
You may also pursue compensation for loss or damage to your property, such as your vehicle.
Out-of-Pocket Expenses
Other out-of-pocket expenses associated with the auto accident can also be reimbursed.
You can calculate the financial losses by checking your medical expenses and paychecks. However, you may need a financial expert or a lawyer to estimate future medical costs, lost earnings, and car expenses.
Non-Financial Damages
Non-financial, non-economic, or general damages are the intangible losses you experienced due to the accident. Although each auto accident case is unique, you can be compensated for non-financial damages such as:
- Pain and suffering – This is the physical and emotional distress you experienced due to the auto accident and your injuries.
- Loss of consortium – If you cannot interact with loved ones in the same way anymore, you may be entitled to compensation for the loss of companionship.
- Emotional distress resulting from the accident
- Disfigurement
- Loss of enjoyment of life
It can be challenging to value non-financial damages in monetary terms, but an experienced personal injury lawyer can help you calculate a fair amount.
Punitive Damages
Your compensation may include punitive damages if the at-fault party is found to have been negligent or reckless, leading to the accident. Punitive damages would punish the at-fault party if they acted with malice or gross negligence.
In Florida, you may receive up to three times the compensatory damages or $500,000. This means that if you were granted $1 million in compensatory damages, the maximum punitive damages you can receive is $3 million.
Wrongful Death
If an auto accident resulted in a victim’s death, the victim’s family might be entitled to compensation for wrongful death. The compensation can include the following:
- Medical bills before death
- Funeral or burial expenses
- Loss of financial support
- Mental anguish experienced due to the death and
- Loss of companionship
How to Obtain Auto Accident Compensation
There are two main ways to obtain compensation for an auto accident:
Settling Out of Court
In many cases, the at-fault party’s insurance company will offer a settlement to you to avoid going to court. If you accept the settlement, you give up the right to pursue a future claim arising from the auto accident.
You should not simply accept the insurer’s initial offer. Aggressive negotiation during the settlement process is crucial to ensure you receive the most favorable outcome, and an experienced personal injury lawyer can help you negotiate a fair settlement.
Filing a Lawsuit
You can file a personal injury lawsuit if you cannot reach a settlement. Filing a claim can be complicated, and you must do it within the statute of limitations. Having an attorney by your side is crucial at this stage.
Contact A Personal Injury Attorney in Vero Beach, Florida Today
If you have been injured in an auto accident, Contact our Vero Beach, Florida, personal injury attorney at the Law Offices of Keith Bregoff today at (772) 492-8967 for a free case evaluation. We can help you successfully pursue the compensation you deserve.
