If you sustained injuries in a motor-vehicle accident due to the negligence of another motorist, you may be entitled to damages in a car accident claim, depending on the degree of the injuries and other losses. In court, damages pertain to the amount of money awarded to the injured party in personal injury cases due to another person’s negligence, recklessness, or intentional action. If you believe that you are not at-fault for the injuries you suffered, then you are eligible to make personal injury claims for the car accident and are entitled to fair compensation. 

However, these damages are fact-dependent, and car accident victims should seek the legal help of an experienced personal injury lawyer to discuss legal rights and assess the potential claims. 

Types of Damages in Car Accident Personal Injury Claims

Before making a personal injury claim, you must understand the various types of damages in a car accident lawsuit, as well as their unique values. Some plaintiffs make the mistake of accepting personal injury settlements without knowledge about the value of their claims. This usually leaves the victims with significantly lower car accident compensation than what they may have otherwise recovered. To help you obtain just compensation for your claim, you will need the expertise of an injury lawyer who will work on building your case. 

Below are the types of damages you may claim:

• Medical Expenses

Medical expenses are on the top of the economic damages involved in a personal injury claim for an auto accident. This type of damage includes the different costs incurred due to the accident, as well as the estimated future medical treatment and care costs. You may be entitled to any of the following compensation for medical expense damages:

• Hospital stays

• Medical appointments

• Medication

• Surgical procedures

• Rehabilitation costs

• Prosthetic devices

• Cognitive therapy in case of a brain injury

• In-home services, if necessary

To determine the estimated total amount of medical expenses that may likely be incurred in the future, the personal injury lawyer may need to work with one or more medical professionals. 

• Income Loss

Sustaining serious injuries may cause you to lose your earning capacity. Getting medical treatment and rehabilitation, mobility problems, and other factors may prevent you from going to work and earning your usual wages. In addition to your past earnings, the jury will also have to look into other factors, such as your age, skills, occupation, experience, and life expectancy to determine the amount to be awarded to you.

• Property Damage

In addition to bodily injury claims, it’s also possible to recover property damage. This allows victims of the car accident to purchase a new vehicle or replace damaged personal property that they lost in the accident while the injury claims remain pending in litigation. 

• Pain and Suffering

Pain and suffering caused by an auto accident refers to the physical and mental distress experienced by the injured victim. The pain and suffering claim is based on the type and severity of the pain and the prognosis for future pain associated with the injury. Furthermore, accident victims may also experience emotional anguish, which prevents them from enjoying their life. 

• Loss of Consortium

If the accident has resulted in a disabling condition, which prevents you from enjoying the normal relationship you once shared with your spouse, you may be eligible to file claim for loss of consortium. However, you can only successfully recover compensation if you win your personal injury lawsuit as this type of damage is a subordinate of the personal injury claim.

• Wrongful Death

If the car accident resulted in the death of a loved one, you may recover additional damages, such as burial and funeral expenses, pain and suffering experienced, medical expenses that have incurred before their death, and loss of consortium. An experienced personal injury lawyer can provide you and your family with legal advice about the types of damages that you might recover involving wrongful death of a loved one.

Tips for Collecting Car Accident Compensation

If you are seriously injured in a car accident, you are entitled to compensation for the injuries you sustained due to another person’s negligence. However, you have to prove the following for your case to be successful:

• The other party’s negligence caused the accident.

• The accident has resulted in serious and permanent injuries that are physical or psychological in nature. 

• The accident has resulted in financial losses.

Proving these points will give merit to your lawsuit. Hiring a personal injury lawyer helps increase your chances of winning the claim as they will collect all the necessary evidence in your case, which involves vital proof to assess your damages, such as:

• Medical bills

• Medical notes and records

• Police reports

• Employment information

• Testimonies from eyewitnesses, family members, and employers

All these pieces of evidence are crucial in building your case for justice and compensation. Additionally, an injury lawyer can represent you and negotiate with your insurance provider to help you recover the right settlement amount for your injuries. If the settlement negotiation fails, the lawyer can help you take the case to court. 

Consult a Personal Injury Lawyer in Hamilton

If you or a loved one has been involved in an auto accident, you do not have to face the fight for fair compensation alone. Get the compensation you deserve by seeking out legal advice before accepting any settlement offers. Let an experienced personal injury lawyer in Hamilton assess your case and explain your rights as a result of the accident. 

Give Carranza LLP a call today at 1-877-633-1065 to book a free initial consultation and explore your options. We have a team of compassionate personal injury lawyers who are ready to serve car accident victims in Hamilton and the surrounding areas. We are here to help you determine the right legal approach so you can obtain the compensation you truly deserve through the settlement of your claim. You can also fill out our contact form or send us a message at lawoffice@carranza.on.ca.