The Types of Damages for Car Accident Claims
- October 29, 2014
- Car Accidents
When an individual is injured in a car accident, the effects can be wide-ranging and the damages can stretch into many different areas of the person’s life. The money that you collect from a car accident claim will probably be vital in helping the injured party to maintain a decent standard of living and to cover the expenses and losses that are connected to the incident. In many of these situations, fair compensation will not be easy to attain without the representation of a Dallas car accident lawyer.
For a person that has been injured as the result of a traffic accident, it is important to understand the different types of damages that could potentially be available to them. Insurance companies will often try to limit the types of damages that they will offer a settlement for and many of the different types of damages can be hard to prove. Without a car accident attorney, the insurance company might try to take advantage of this lack of understanding and the fact that the average citizen will not have the knowledge and expertise that is required to demonstrate and argue for the full range and level of compensation that they are entitled to recover.
Special compensatory damages
Special compensatory damages are the most straightforward type of damages that will be available and also the most common. This type of damage is related to the tangible loss and expenses that the claimant suffered as the result of the accident. With special compensatory damages the claimant can receive monetary compensation for things like medical expenses, lost wages, a diminished ability to earn a living or any household expenses that may have been incurred as a result of their injuries.
General compensatory damages
With general compensatory damages, the plaintiff is seeking compensation for non-material losses that resulted from the accident. This would include things like pain and suffering, loss of consortium and mental anguish. These can be somewhat more difficult to demonstrate and recover than special compensatory damages and they are almost impossible to recover without the assistance of a personal injury lawyer.
This is probably the least common type of compensation for a car accident lawsuit. Punitive damages are awarded not as any form of compensation, but rather to punish the defendant for severe wrongdoing that they may have committed in the act of causing the accident. Most car accidents are the result of mere negligence rather than a willful or wanton disregard for the safety of others and because of this, the court rarely sees the need for this type of ruling. The types of car accidents where this may be more common would be those that resulted from a vehicle defect that the manufacturer either ignored or failed to warn the public about.
If you have been injured in a car accident, the insurer of the responsible party will probably offer you some level of compensation. The problem is that the offer that they make will probably be lower than the actual value of the claim and it is very unlikely that they will account for all of the different types of damages. Before you make a settlement agreement, contact the Dallas car accident lawyers at Guajardo & Marks. We will evaluate the case and make sure that you are getting the compensation that you deserve.