Recoverable Damages From Your Auto Accident Lawsuit

Damages—One of the Key Factors That Determine the Value of Your Case

By filing a personal injury claim, you are requesting that the at-fault party (or defendant) pay you damages. These damages include compensation to cover your injuries, vehicle damage, loss of income, and pain and suffering. Continue reading this article to learn more about the types of damages you, the plaintiff, can receive in a car accident lawsuit. Use our personal injury settlement value calculator to get an estimate of how your recoverable damages factor into your settlement.

Compensatory Damages

The definition of this term is in the name—compensatory damages compensate the plaintiff for the various expenses caused by the accident. Basically, if liability is clear and there is adequate insurance coverage, compensatory damages determine how much you will receive in your car accident settlement. These damages typically include:

• Current and future medical treatment
• Lost wages
• Future earnings, which include the plaintiff’s inability to earn a living
• Pain and suffering
• Vehicle damage

Determining Compensatory Damages

If your personal injury case makes it to trial (which is fairly rare), a jury or judge will determine the extent of the defendant’s liability. Is the defendant fully liable, or is a third party partially to blame?

After establishing fault, the extent of your loss is calculated. This includes your total medical bills and lost wages (which are fairly easy to quantify). Damages also include your pain and suffering, which is more difficult to associate with a dollar amount.

To determine the compensatory damage amount, the jury or judge considers the following:

• Medical bill costs
• Future medical bill costs
• Lost income amount
• Loss of future income
• Temporary or permanent disability of the plaintiff
• Anxiety, PTSD, or other psychological or emotional difficulties experienced by the plaintiff

Car Insurance Claims

Damages do not only apply to personal injury lawsuits. Any amount you receive after filing an insurance claim is also considered damages.

Depending on the specifics of your case, you may receive a single settlement check or separate checks for the different types of damages.

• “Total loss of vehicle” – This is the payment of the “actual cash value” of your car at the time of the accident. This is only included if your vehicle is considered a “total loss” by the insurance company.
• “Special damages” – This includes your medical bills, lost income, etc.
• “General damages” or “inconvenience” – This covers any pain and suffering you may experience.

Auto Accident Loans

Were you in a car accident and suspect negligence on the part of another driver or a third party? Filing a claim can help you recover the compensation you deserve. Uplift Legal Funding can provide you with cash up front to help ease your financial strain. Learn more about our nationwide auto accident lawsuit loans here. Give us a call at (800) 385-3660 or apply online.