An accident can seriously mess your day to day life- physically, mentally, emotionally as well as monetarily. However, your suffering can be reduced with the help of the law. So, if you are not the one at fault but the accident has caused you substantial damage, you can claim compensation for the same. Now, how much your case is actually worth can be deducted based upon the damages occurred.
Before you take your case to court, it is the best and advisable to ask for an informal settlement, where both parties involved can negotiate on the claim in the presence of their respective attorneys and insurance company representatives.
If the negotiation goes well and you are satisfied with the outcome, you will be paid the agreed amount by the defendant (the persona responsible for the accident) or his insurer. If not, you can file a lawsuit with the help of your personal injury lawyer.
Deduction of Compensatory Damages
Mostly the personal injury damages are referred to as compensatory because they are meant to compensate the victim or plaintiff for the damages occurred during the accident and any possible future losses he or his family might be looking upon due to the accident. The compensatory damage awards are decided in a way to help make the plaintiff monetarily independent or whole even after the accident.
As a matter of fact, some compensatory damages like physical or monetary damages (property damage or injuries occurred) are easier to quantify and thus, settle in the form of reimbursement for renovation and medical bills. However, sometimes the physical limitations as a result of the accident are much more damaging that present themselves as emotional and mental damages that limit a person’s ability to carry his day to day activities or return to work normally. Such damages are harder to put a price on and hence are worth much more to the plaintiff and/or his family.
Here’s a list of most common entities involved in a compensatory damage claim:
- Loss of Income
Since our world runs on a system where income plays a very important role, you can fight for the loss of income you have suffered as a result of the accident. In fact, the compensation claim can also be made on the loss of earning capacity in the near future- in addition to the present loss- due to the physical and/or mental limitations imposed due to the accident.
- Medical Treatment
You can claim reimbursement for the total estimated cost of any medical treatment you receive related to the accidental damage now or in future.
- Damaged Property
If your vehicle or any other valuable property is damaged during the accident, you can claim compensation for its present market value or reimbursement for its repair.
- Pain and suffering
If the aftermath of accident include serious pain, discomfort or emotional/psychological distress and affect your ability to participate in regular activities like exercise or other recreational activities, you can claim compensation for the same.
- Loss of consortium
If the accident results in a tiff in your relationship with your spouse- sexually or emotionally, the defendant is required to compensate your/the plaintiff’s spouse for the consortium damages.