What Am I Entitled To After A Car Accident?

After a car accident, you are entitled to financial compensation, which is referred to as damages, for the losses incurred during the accident. Damages can be classified as economic damages or non-economic damages. Additionally, you are entitled to file an insurance claim, as the value of your compensation largely depends on the type of insurance policy you have. It is advisable to consult a legal practitioner for advisement on all the factors that may affect your claim.

With more than 35 years of experience, our catastrophic injury lawyers at Novian & Novian can help you understand your options after a car accident and ultimately receive your entitlements in full without any stress. Contact us today for a free consultation.

This post will explain the types of compensation you are entitled to after a car accident. It will also provide a detailed description how to file a personal injury claim, your legal options and how a seasoned catastrophic injury lawyer can help you obtain fair compensation.

What Am I Entitled To After a Car Accident Under Personal Injury Law?

After a car accident, you have the right to receive immediate medical care even for injuries that may seem minor. You also have the right to call emergency services and if you wish to, by right, you are allowed to gather evidence at the scene of the accident; for example taking photographs or making videos.

More importantly, you have the right to file an insurance claim with the driver’s insurance company which is required in no-fault states under Personal Injury Protection (PIP). After filing your insurance claim, you have the right to compensation for damages incurred as a result of the accident. For example, medical expenses, property damages, lost wages etc. You also have the right to reject settlement offers from the insurance company and take your time to understand the full extent of your injuries and losses in order to secure a fair compensation.

Understanding Personal Injury Law

Personal injury law, (also known as tort law), is a law that allows individuals who have been physically, mentally or emotionally harmed or hurt by another person’s negligence or intentional actions to seek compensation. The aim of this law is to hold the at-fault person(s) accountable for their actions and also help the victim to return back to their initial state/condition before the injury through financial recovery.

This law basically enforces the victim’s right to a fair compensation after a car accident for damages like medical expenses, property damages, lost wages etc. The foundation of most personal injury cases is the legal concept of negligence. To have a valid claim, the plaintiff (the victim) needs to prove four key elements:

• Duty of Care: The at-fault party(defendant), owed a legal obligation to exercise a reasonable standard of care towards the victim (plaintiff). For example, the driver’s duty to obey traffic laws.
• Breach of Duty: The at-fault driver failed to meet that duty of care. For example, a driver running a red light.
• Causation: The defendant’s breach of duty was the direct cause of the plaintiff’s injuries.
• Damages: The plaintiff suffered actual measurable harm like lost wages, medical bills, pain & suffering and emotional distress as a result of the injuries sustained.

Proving these four elements will greatly improve your chances of getting a fair compensation. Also, it is advisable to work with a seasoned car accident attorney to help you navigate the process of filing a car accident claim and also handle the negotiations with the insurance company.

What Types of Claims Can You Make After a Car Accident.

The claims you can make after a car accident can be generally categorized into two, which are economic damages claim and non-economic damages claim. Economic damages refer to specific and measurable financial losses, while the non-economic damages refer to subjective losses like pain and suffering.

Economic Damages

Also known as specific financial losses, economic damages cover all direct financial losses and expenses such as:

• Medical Expenses: This covers every health related expense to aid either physical or psychological recovery, from the point of the accident to the point of full recovery. Examples of such processes covered by the medical expenses are; ambulance transportation and emergency room, hospital stays, surgeries and doctor’s visits(checkups), prescription medications, medical devices such as crutches & wheelchairs, physical therapy and rehabilitation cost. Future medical treatment, if necessary, are also covered by the medical bill.
• Lost Wages & Earning Potential: This refers to income lost by not being able to work as a result of injuries sustained in the car accident. Lost bonuses and commissions, regular workdays, sick days or vacation time used, and also diminished future earning capacity, are some of the major reasons that support the compensation for lost wages and earning potential.
• Property Damage: This covers the cost of repairing or replacing your car or any of your personal property that were damaged during the accident. Some of these costs are vehicle repair or replacement costs, damaged personal items like laptops or phones. Car rental expenses, while your vehicle remains unusable and depreciated value of the repaired vehicle are also costs that fall under property damage.
• Out-of-Pocket Expenses: This describes any other direct cost you incurred such as hiring temporary help for household chores or hiring a chef to cook for your family while you’re still in recovery.

Non-Economic Damages (Intangible Losses)

These claims are for subjective losses and are harder to assign a particular amount of money for, but significantly affect the standard and quality of your life. Some of these non-economic damages are:

• Pain and Suffering: This the physical bodily discomfort and pain caused by injuries sustained in the car accident.
• Emotional Distress: Coverage for psychological harm, such as anxiety, depression and post-traumatic stress disorder (PTSD).
• Loss of Enjoyment of Life: Covers the compensation if your injuries prevent you from engaging in your hobbies, physical pursuits or daily activities.
• Loss of Consortium: Refers to a claim a spouse or family member can make for the loss of companionship, affection and support due to the victim’s injuries.

Other potential claims includes a wrongful death claim which refers to such cases where the car accident results in fatality, the family members can file a claim to cover funeral and burial expenses. Another potential claim is the punitive damages claim. In rare cases involving gross negligence, reckless behavior or intentional misconduct (such as DUI accidents or hit-and-run), the court may grant punitive damage to punish the at-fault party and also deter such behaviors in future.

How Do You Prove Negligence and Establish Liability After a Car Accident?

To prove negligence and establish liability after a car accident or in a car accident case, you must demonstrate four key legal elements using compelling evidence. These four elements include;
Duty of Care, Breach of Duty, Causation and Damages. These four elements must be demonstrated beyond reasonable doubt in order to successfully prove negligence and establish liability.

Key evidence is essential for establishing liability in order to be granted a car accident claim, and proving the four elements of negligence after a car accident, and it comes in several forms. For example, a official police report provides a neutral, third-party account of the incident, including the officer’s observations, diagrams, and potential fault factors.

Photographs and video footage are also highly persuasive visual evidence from the scene that help experts reconstruct the accident and document visible injuries. The testimony of independent bystanders as witnesses can further corroborate your version of events and lend credibility to your claim.

Additionally, medical records and bills are critical documentation that establishes the nature and severity of your injuries and directly links them to the collision. Finally, in complex or contested cases, expert testimony can shed more light on the details of the accident. Accident reconstruction experts can analyze physical evidence and vehicle data (‘black box‘ information) to explain how the crash occurred, while the medical experts can speak on the long-term impact of your injuries. Other documentation include phone records (to prove that the driver was distracted during the time of the accident), employment records (documents like pay stubs to help verify lost wages and earning capacity), and admission of fault, which refers to any statement the driver made admitting responsibility can also be used as evidence.

What Steps Should You Take Immediately After a Car Accident?

The first step to take immediately after a car accident is to ensure the safety and health of everyone involved in the accident. After turning off your engine, you switch on your hazard lights and, if possible and safe, move your vehicle to the side of the road out of the way of traffic.

You also need check for injuries on yourself and the other driver and occupants of the other car if any. Then you call for an ambulance if anyone is injured or trapped and if there are no injuries but there was significant property damage you still need to call the police to file an official report.

Next, document the scene and gather information. Furthermore, do not apologize or make any statements about who was to blame as this is for the insurance company and the police to decide. If it is safe to do so, use your phone to take pictures and videos of the vehicle damage from different angles, skid marks on the road, road conditions, traffic signs & weather, and any visible injuries you must have sustained.

After successfully documenting the scene, you then proceed to see a doctor even if you don’t feel injured or hurt. Keep in mind that you may be bleeding internally without knowing it, as some car accident injuries might be internal. Seeking medical attention creates a medical record which is vital for an insurance claim.

Finally, you need to notify all relevant parties like your auto insurance company. Report the accident to your insurer within 24hrs. You also need to keep detailed records such as police reports, medical bills, repair estimates and a log of all communications (time and names of each call) with the insurer and the doctors. Importantly, to understand your rights and help you navigate your personal injury claims, you need to consult a personal injury lawyer or a car accident lawyer who will guide you especially in complex cases or significant injuries.

How Are Damages and Fair Compensation Calculated After a Car Accident?

Damages and fair compensation after a motor vehicle accident are calculated by determining both your financial losses (economic damages) incurred, and your subjective or intangible personal losses (non-economic damages), and then adjusting the total based on who was the at-fault party.

Calculating Economic Damages

Economic damages are easier to calculate as they each have a specific dollar amount and can be documented with bills and receipts. For economic damages like medical bills, you have to sum up all past and future health care costs, including hospital stays, doctor visits, physical therapy, prescription and medical equipment.

Another form of economic damage is lost wages. This is the calculation of income lost due to missed workdays, including past, present, and future lost earnings or reduced earning capacity. Also, the cost of vehicle repairs, the vehicle’s market value if it is a total loss, and the replacement cost for any damaged personal property within the vehicle, are calculated for the cost of property damage.

Calculating Non-Economic Damages

Non-economic damages such as pain and suffering, emotional distress and loss of enjoyment of life, are subjective and more difficult to quantify. Insurance companies typically use one of two methods to assign monetary value.

One of these methods is the Multiplier Method. This is the most common method of assigning monetary value to non-economic damages. First all economic damages are added up, and the total is multiplied by a number (usually between 1.5 and 5) depending on the severity on impact of the car accident injuries.

Numbers 1.5 to 2 are used for minor injuries, while numbers 4 & 5 are used when there are severe or permanent injuries. For example, if your economic damages total is $20,000 and a multiplier of 3 is used for moderate injuries, your non-economic damages would be $60,000, making the total claim worth $80,000 before other adjustments.

The Per Diem Method is a less common method which assigns a fixed daily dollar amount. For example, your daily wages for every day the victim endures pain and suffering until they reach maximum medical improvement and full recovery. This is then multiplied by the number of days of suffering.

Adjustments and Final Compensation Factors

The estimated total compensation may be adjusted based on several key factors. One of these factors is Comparative Fault. In the states that use comparative or modified comparative negligence rules, your final compensation amount is reduced by your percentage of responsibility for the accident. For example, if you are found to be 20% at fault, your final settlement is reduced by 20%.

Insurance policy limits is also key factor for adjustment of compensation amount. The maximum amount you can recover is often limited by the other driver’s insurance policy. The quality of evidence (either strong or weak) including medical records, police reports and witness statements, helps validate your claim and fight for a fair settlement amount. Finally, negotiation (usually handled by an experienced car accident lawyer) is crucial to ensure you receive a fair compensation.

Need Justice After a Car Accident?

To get justice after a car accident depends heavily on who was legally at fault, the type of insurance coverage involved and the specific laws of your jurisdiction. Generally, if you are an injured victim, you are entitled to seek compensation for both financial losses(economic damages) and subjective personal losses (non-economic damages) from the responsible or at-fault party’s insurance company. The goal of this compensation is to return you to your pre-accident condition, both physically and financially.

Economic damages form the measurable foundation of your claim and are easily calculated using bills and receipts. While non-economic damages address the intangible suffering caused by the car accident. You can file claims for physical pain and suffering, emotional distress such as PTSD, loss of enjoyment of life and loss of consortium experienced by family members. These subjective damages are typically valued using methods like the “multiplier method” where the documented economic losses are multiplied by a factor reflecting the severity of the injuries.

A personal injury lawyer often helps navigate these complexities, ensuring all potential damages are calculated correctly and advocating for a fair settlement from the insurance company, which may be adjusted based on state laws regarding shared fault. In the aftermath of a car accident, understand your entitlements and rights clearly before taking legal action, and seeking adequate compensation for damages caused as a result of the car accident.

Let Novian & Novian guide you towards obtaining a fair compensation for damages caused and help you in achieving justice. Contact our legal team today to get a free consultation.

FAQs

The processes involved in seeking for compensation after a car accident can be very complex and overwhelming sometimes. These questions explain the major steps involved in filing for compensation and receiving fair settlement for your injuries.

What Am I Entitled To After a Car Accident in Terms of Compensation?

The amount of compensation you get after a car accident is determined by a combination of economic and non-economic damages and other critical factors like severity of your injuries, total medical expenses, lost wages and earning capacity, pain and suffering, and insurance policy limits. Ultimately, the best way to determine your potential compensation is to consult a personal injury attorney who can evaluate all the evidence, calculate your damages accurately, and negotiate with the insurance companies on your behalf.

What Medical Expenses Am I Entitled To Claim After A Car Accident?

After a car accident, you are entitled to claim the costs of all reasonable and necessary medical expenses incurred as a direct result of the crash, both immediately following the accident and in the long term. These medical expenses can be broadly categorized into immediate care (emergency services, hospitalization, physician and specialist visits, lab tests and medications), ongoing treatment (physical therapy, mental health services & medical equipment), and future medical needs (future surgeries and procedures, long term rehabilitation, home modifications and in-home nursing care).

What Types of Compensation Can I Receive After A Car Accident?

After a car accident, the types of compensation you can receive typically fall into three broad categories: economic damages, non-economic damages, and in rare cases, punitive damages.

How Can I Estimate The Cost of My Car Accident And Budget Accordingly?

Estimating the total cost of your car accident and budgeting accordingly requires a comprehensive approach that accounts for property damage, medical expenses, and lost income, in addition to less obvious non-economic damages. Since many costs are not immediately apparent, you should focus on meticulous documentation and prepare for immediate and future financial impacts.