Have you ever experienced a devastating car accident? If you do then you might have known the aftermath and the crucial steps you need to take.
One of the most important steps to determine after facing a car accident is to calculate damages. To calculate damages in a car accident is important to determine factors such as medical expenses, property damage, lost wages and of course the pain.
Some other factors you might need to consider are the jurisdiction, the nature of the accident and the extent of the injuries you have received during the car accident before you ask for compensation. If you are somebody who is new to insurance policies while living in Austin, it can be beneficial to consult an attorney who can guide you through the process such as the personal injury attorney in Austin.
Some of the most common types of damages that can be recovered from during a car accident are as stated below:
You can typically recover from all the medical expenses that you have to pay for the injuries you received during the accident. This may include hospital bills, surgery costs or any other expense you have to pay. You can even get your medicines for free.
Property damages are usually some of the most expensive recoveries. If you have an insured car, you can easily seek compensation for the repair or even the replacement of your vehicle. This is not something to worry about, the first priority during a car accident should be your health only, as property damages become less of a strain when you have insured vehicles.
In some cases the car accidents become so serious that you have to take a long leave from work. This can eventually cause you to bear several deductions. Not only will you lose a lot of money in this way, but will also prevent you from future earning capabilities, if you are facing some serious physical injuries.
Pain and Suffering:
Pain and suffering are usually some of the factors that can affect the total amount which is provided to you. Some of the most primary factors impacting it are,
- Severity of injuries.
- Time for Recovery.
- How has it impacted your daily life?
Pain and suffering are a non-economic damage and are more challenging to quantify. It basically includes compensation for the physical and emotional pain and suffering one has faced due to the accident.
Emotional distress takes a long time to go after you have faced a car accident. Sometimes the patients have to go through a lot of stress and trauma and might not forget the tragic incident for a long time. The flashbacks of the car accident might stay with them for a long time. This can cause them anxiety and depression which can not only affect their daily lives, but also the lives of those living with them. It is important for them to discuss their depressive symptoms as early as possible with a professional. Victims get some compensation for the emotional distress.
Loss of Consortium:
In some cases of a car accident, a person may lose their spouse. For these people, money is provided to the companion of the injured person to support the family members. The amount of the money completely depends on the severity of the accident and the number of family members the injured was a breadwinner for.
If a car accident leads to a death the other family members may be able to seek compensation , depending upon the following factors. One needs to know about the category in which their case falls:
For funeral expenses
Loss of financial support
Loss of companionship through a wrongful death claim.
When talking about the recovery of a car accident damages, some important key reminders to keep in mind are as under:
Have you read about the jurisdictions of your state? If the answer is no, YOU MUST!
The jurisdiction of each country or state is different from another. So, it is important to know about the jurisdiction of your state before you ask for compensation. Different jurisdictions have different rules and regulations regarding the liability, insurance coverage, and the total calculation of damages.
You need to understand that some jurisdictions may follow a “no- fault system” while others follow a “fault-based” jurisdiction. According to the “No-fault system” each insurance agency will cover its own injuries or damages. In this system one insurance company does not depend on the other. In “fault-based” jurisdictions, the party responsible for the accident is typically responsible for the damages.
Nature of the Accident:
The nature of the accident can influence the type and amount of damages you can recover. This involves a thorough investigation, before you get your compensation. For example, if you have faced a car accident that involves multiple vehicles, it will take some time to figure out who has not followed the traffic rules and who was actually at fault. A legal attorney can help you in understanding all the sides of your case, with respect to the compensation which you will get.
In conclusion, we can say that It is quite important to remember that each case is unique and thus the compensation is different from one case to another. The compensation amount given typically depends on evidence, expert testimony, and the legal standards.