If you are injured in an accident where it was not your fault, you are entitled to recover the reasonable value of your medical bills, for lost wages , and the reasonable value for pain-and-suffering you endured as a result of your injuries. Regardless of what you may read on the Internet, there is no formula for calculating this value. Please note, each case is unique and determining what your case is worth takes experience, thus you should consult with an attorney at Brannon & Brannon.
For your knowledge, here are some things that are taken into account, when your claim is valued.
- Direct financial cost
- Emotional and indirect costs
What is legally called compensatory damages are specific damages.
These damages have specific valued amounts such as:
- Cost of medical bills.
Until after the accident, there is no way to know how significant your injuries are. In many instances, injuries are not diagnosed until sometime after the accident. Some injuries may not produce symptoms at first or may need additional medical care down the road, so it’s important to undergo a thorough medical examination immediately following a car accident if you believe you may have been injured You can have injuries that may be minor or as serious as paralysis of an extremity.
Medical expenses stemming from a car accident may include any of the following: Physical therapy; Ambulance fees; Examinations with health care professionals; Accessories such as crutches or heat pads; hospital fees; surgeries; medication, pain management treatment, Permanent disability; In-home services (even if non-medical). Note, this does not include all medical expenses, there could be others.
- Property loss.
- Lost wages/Loss of Earning Capacity.
If there is an injury that you get in a car accident which prevents you from working and earning a daily wage, you can make a claim for your lost wages. The claim for lost wages would be for the period of time for which you do not work. If your position is salaried, the amount is based on your pay rate and he amount of time you missed because of your injury. If you have a non-salaried job with irregular hours or you work on commission, you can still calculate your lost wages. One example would be documenting what you missed by not being to work, such as a decrease in billing invoices during the recovery period. Another example would be to provide your tax returns from the past previous years.
If the injuries prevent you from going back to your vocation that you have been in which you earned more money than you can make after the accident, you can make a claim for lost earning capacity. If you cannot return back to work due to your injuries, you can make a claim for loss of future wages. In order to make a claim for lost wages, we must have documentation. Some important examples of documentation needed to make this type of include the following:
- A letter from your physician. The letter should describe your injuries and how long your injuries kept you from working. The letter should be as detailed as possible, with information on: treatments; prescriptions; medical bills.
- A letter from your employer. The letter must verify that you missed work due to injuries. If you are in an occupation that is not full-time and salaried, you may need to provide access to your tax returns.
There is also general damages. These damages do not have a specific value and subjective. They can include but are not limited to:
- Pain and suffering/Emotional distress.
Pain and suffering is mental or physical distress related to the accident and the injuries from the injury. These damages are based on the type of injury, the seriousness of the pain suffered, and what future pain could be associated with the injury. Pain and suffering may also include mental and/or emotional damage related from the incident, such as anxiety or stress.
- Inability to have children as a result of accident-related injuries.
- Loss of an extremity.
- Loss of consortium.
If you are married, an injury could deprive you and your spouse of the ability to show affection, including sexual activity, which is referred to in legal terms as a “loss of consortium.” But these types of damages can’t be recovered if you don’t recover damages for your injuries.
If the defendant was especially careless when causing the accident, you may also receive punitive damages, which are meant to punish the defendant, and are imposed by the court.