(Newswire.net — July 26, 2019) — Car accidents are still frighteningly common in the United States, despite new advancements in vehicle technology and road safety. Causes like distracted driving, hazardous road conditions, and intoxicated driving are still rampant, and in some cases, actively growing worse.
If you drive on the road regularly, you should know how to handle the aftermath of an accident, and how to recover the compensation you deserve if you’ve been the victim of a collision that wasn’t your fault.
Who Pays for Damages?
First, you should know that the person or entity paying for damages may change depending on the situation. In some states, car accidents between two drivers are determined to be the “fault” of one of those parties. In others, car accident fault is determined more flexibly, with partial fault being attributed to drivers; for example, it could be found that one driver is 80 percent responsible, while the other driver is 20 percent responsible.
When a driver is considered responsible, they may call upon their insurance company to pay out the damages. In some cases, if the responsible party is driving on behalf of a company, the company may shoulder the burden of paying damages. Companies may offer to pay a settlement to cover all the costs, or an individual may take the case to court to secure more compensation.
Direct Damages
The most obvious damages eligible for compensation are direct damages, covering destruction of physical items belonging to people involved in the crash.
- Auto damage. If any parts of your car are damaged in the collision, the person responsible for the accident will be required to compensate for those damages. In some cases, this may mean covering the cost of replacing the entire car. In others, it could be just a few hundred dollars to cover up a scratch or repair a dent.
- Property damage. In other cases, the responsible party will need to pay to fix property damage. For example, if they drove into your storefront, they may be held liable for rebuilding the entire shop.
Injuries and Medical Damages
Responsible parties will also need to compensate victims for injuries, including both medical costs and lost opportunities due to the injuries.
- Medical bills. The average hospital stay costs in the ballpark of $10,000, so it’s no secret that medical bills get expensive, and fast. If you’re injured in the car accident, the party at fault will be required to cover those medical expenses.
- Ongoing treatments and therapy. Depending on the nature of the injury, they may also be required to pay for your ongoing treatments and therapy. For example, if you’ve suffered extensive damage to your arm or shoulder, they may be required to pay for your physical therapy or pain medication in the months and years to follow.
- Lost wages. Many victims don’t realize this, but they can also sue for lost wages, if they missed any time at work or can no longer work due to the accident. For example, if you were hospitalized for a few days and then were unable to return to work for another few months, the responsible party would need to cover what you would have made had you gone back to work.
Pain and Suffering
In some cases, the responsible party is required to pay costs associated with your “pain and suffering.” This is more of a subjective cost than other areas, since you can’t put a price tag on it, nor can you measure it in some universal, objective way.
However, victims are often compensated for psychological damage or distress they’ve taken from the accident. For example, if a loved one was lost in the accident, loss of consortium may apply. If you experience fear of being in vehicles due to the traumatic nature of the accident, you may also deserve to be compensated.
Punitive Damages
Though not technically classified as “compensation,” responsible parties may also be required to pay punitive damages. Essentially, these are additional costs that responsible parties have to pay as a way to punish them for their transgressions. These usually apply when a driver commits some egregious action that resulted in the accident. For example, punitive damages might be charged when someone drives drunk, but are less likely to apply to an accident that couldn’t have easily been prevented.
If you’re not sure whether you’re eligible for compensation, or if the responsible party’s insurance company is withholding funds, it may be in your best interest to speak with a lawyer. Taking legal action can ensure you get the compensation you deserve for the accident, in every appropriate area. Best of all, the initial consultation is usually free, so you can evaluate the strength of your case and decide whether to take action from there.