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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Clayton T. Hasbrook who has years of legal experience as a personal injury lawyer. Our last modified date shows when this page was last reviewed.
After a car accident, victims can claim different types of compensation. This includes both economic and non-economic damages. Depending on the circumstances, you may also be entitled to punitive damages or compensation for wrongful death.
Hasbrook & Hasbrook Personal Injury Lawyers helps you understand what compensation you may be entitled to after a car accident. We guide you through every step, from gathering evidence to negotiating with the insurance companies.
Our goal is to help you secure fair compensation for your injuries, property damage, and other losses. Whether you’re dealing with medical bills, lost wages, or pain and suffering, our experienced car accident lawyers are here to assist.
Economic Damages (Financial Losses)
Economic damages are the financial losses caused by a car accident. These damages are easier to calculate because they include actual expenses like medical bills, lost wages, and property damage. Economic damages are designed to cover the out-of-pocket costs that accident victims face due to the crash.
Medical Expenses
Medical expenses are often the largest part of a car accident claim. These include the costs of hospital stays, surgeries, doctor visits, medications, and any future medical treatments related to the car accident injuries. If your injuries are severe, you may need ongoing medical care or physical therapy, which can add up quickly.
It’s important to keep all medical records and bills from your treatment. These documents help support your claim for medical expenses. If the at-fault driver’s insurance won’t cover your medical costs, personal injury protection or your own insurance may help. You deserve compensation to cover these expenses and get the treatment you need.
Lost Wages
Lost wages are another common type of economic damage. If your injuries prevent you from working, you can claim compensation for the income you lost. This includes wages from your job as well as potential bonuses, promotions, or other earnings.
In some cases, the injuries may be so severe that you cannot return to work for a long time. If this is the case, you may also be able to claim lost earning capacity. This means compensation for the money you could have earned in the future, had the accident not occurred.
Property Damage
Property damage includes the costs to repair or replace your car and any other property that was damaged in the accident. This could be your vehicle, personal belongings in the car, or any other items that were damaged during the crash.
The insurance company of the at-fault driver should cover these costs. However, it’s important to keep records, like accident scene pictures and repair estimates, to back up your claim. If the insurance company is unwilling to offer fair compensation, a lawyer can help ensure you get the money you deserve to cover the property damage.
Non-Economic Damages
Non-economic damages are harder to calculate because they don’t involve direct financial losses. These damages compensate for the emotional and physical toll a car accident can take.
While these damages don’t have a clear monetary value, they can be just as important as economic losses. Some of these non-economic damages are:
Pain and Suffering
Pain and suffering refer to the physical pain and emotional distress caused by car accident injuries. If you have experienced long-term or permanent pain due to the accident, you can claim compensation for this suffering. This includes not only the physical pain from injuries but also the emotional impact, such as anxiety, depression, or post-traumatic stress disorder.
The severity of the pain and suffering will affect the amount of compensation you may receive. For example, if you have chronic pain that limits your ability to live normally, you may be entitled to more significant compensation.
Your personal injury lawyer will help ensure that your pain and suffering are properly valued in your car accident case.
Emotional Distress
Emotional distress refers to the mental and emotional toll caused by a car accident. This includes anxiety, depression, insomnia, and other emotional reactions that stem from the trauma of the accident. If the accident has caused significant emotional harm, you may be entitled to compensation.
For example, if you experience anxiety about driving or fear of further accidents, these emotional struggles can impact your daily life. Emotional distress can also arise if the accident has led to post-traumatic stress disorder (PTSD).
A personal injury lawyer can help gather evidence, such as medical records or testimony from a mental health professional, to support your emotional distress claim. While these damages are subjective, they are just as important as physical injuries and should be taken seriously when pursuing a car accident settlement.
Loss of Enjoyment of Life
Loss of enjoyment of life is another type of non-economic damage. This compensates for the decrease in your ability to enjoy the activities you once did before the accident. If your injuries prevent you from participating in hobbies, sports, or spending time with family, you may be entitled to compensation for this loss.
This type of damage can be hard to measure but is often a key part of a car accident claim. For example, if you can no longer play sports or engage in activities you once enjoyed, it can have a long-term impact on your happiness. The severity of your injuries and how they affect your quality of life will influence the compensation.
Your lawyer will help ensure that the full extent of your loss is included in your claim for fair compensation.
Loss of Consortium (For Spouses & Family Members)
Loss of consortium refers to the impact a car accident has on the relationship between a person and their spouse or family members. If an injury from a car accident makes it difficult for you to provide emotional support, companionship, or intimacy to your spouse, they may be entitled to compensation for this loss.
This type of claim is typically filed by the spouse or close family members of the accident victim. It acknowledges the significant changes in the relationship caused by the accident. For example, if the injured person can no longer engage in family activities or provide the same level of care and support, the family member may claim loss of consortium.
While these claims are emotional, they are important in ensuring the family is fairly compensated for the loss of the companionship and support they previously enjoyed.
Punitive Damages (In Cases of Extreme Negligence)
Punitive damages are not awarded in every case, but they can be significant in cases of extreme negligence.
What Are Punitive Damages?
Punitive damages are designed to punish the defendant for actions that show a disregard for others’ safety. Unlike compensatory damages, which cover medical expenses, lost wages, and pain and suffering, punitive damages are meant to deter similar behavior in the future. They are usually awarded when the defendant’s actions were grossly negligent, intentional, or malicious.
For example, if the at-fault driver was intoxicated or deliberately caused the accident, punitive damages might be appropriate. These damages are meant to send a message to the defendant and others that such behavior will not be tolerated. However, proving extreme negligence is often challenging, and an experienced lawyer can help argue the case for punitive damages.
When Are Punitive Damages Awarded?
Punitive damages are only awarded in certain circumstances, typically when the defendant’s actions go beyond ordinary negligence. If the at-fault driver was acting recklessly, such as speeding excessively, driving under the influence, or intentionally causing the accident, punitive damages may be considered.
Courts will look at the severity of the defendant’s actions when determining if punitive damages are warranted. If the defendant’s behavior was extreme, a judge or jury may decide to award these damages.
Punitive damages are rare and usually come after compensatory damages have been awarded. Working with a skilled personal injury lawyer can increase your chances of receiving punitive damages if the circumstances of your case warrant them.
Wrongful Death Compensation (For Fatal Car Accidents)
In the unfortunate event of a fatal car accident, family members of the deceased can seek wrongful death compensation. This compensation helps cover the financial and emotional loss caused by the death.
A few types of compensation that may be available in wrongful death cases include:
- Funeral and Burial Costs: This covers the expenses for funeral services, burial, or cremation. These costs can add up quickly and are often included in wrongful death compensation.
- Loss of Financial Support: If the deceased was the primary breadwinner, their family may be entitled to compensation for the lost income they would have provided. This can include wages, benefits, and future earning potential.
- Loss of Companionship and Emotional Support: Family members, particularly spouses and children, can claim compensation for the loss of emotional support and companionship that the deceased would have provided.
- Medical Expenses Before Death: If the deceased incurred medical costs due to injuries sustained in the accident before passing, these may be included in the claim for compensation.
- Pain and Suffering Before Death: Compensation for the pain and suffering the deceased endured before passing can also be claimed. This includes physical pain and emotional distress.
How to Maximize Your Compensation After a Car Accident
To get the most out of your car accident claim, it’s important to take the right steps. Gathering evidence, working with a lawyer, and being patient with the process can help you get fair compensation.
Here’s what you can do to make sure your case is as strong as possible.
Gather Strong Evidence
Collecting good evidence is key to a strong car accident claim. This means gathering things like accident scene pictures, medical records, and witness statements. These pieces of evidence will show what happened and how the accident affected you.
Make sure to keep all your medical bills, treatment records, and information from your doctor. This will help prove your injuries and the costs of your medical treatment. The more evidence you have, the easier it will be to prove your case and get the compensation you deserve.
Work with a Car Accident Lawyer
Working with an experienced car accident lawyer can help you get the best outcome. A lawyer knows how to deal with insurance companies and will make sure your rights are protected. They will also help you gather evidence and make sure all your medical bills are covered.
A lawyer will fight for you to make sure the at-fault driver’s insurance covers your losses. They will also know how to handle the paperwork and any legal challenges that come up during your case. With a lawyer on your side, you’ll have a better chance of getting fair compensation.
Don’t Settle Too Quickly
It’s important not to settle your car accident case too quickly. The insurance company may offer you a quick settlement, but it may not cover all your medical bills or lost wages. Make sure you understand the full extent of your injuries and how they will affect you long-term before accepting an offer.
Wait until you have reached maximum medical improvement and know how your injuries will affect your life. Rushing to settle may mean you miss out on the compensation you deserve. A lawyer can help you decide when it’s the right time to accept a settlement.
FAQs
What types of car accident compensation can I claim?
You can claim compensation for economic damages, such as medical bills and lost wages, as well as non-economic damages like pain and suffering. In some cases, you may also be eligible for punitive damages or compensation in a wrongful death lawsuit if the accident was fatal.
How long does it take to get car accident compensation?
The time it takes to receive car accident compensation depends on the complexity of your case, the severity of your injuries, and how quickly the insurance company responds. It may take months or even longer to reach a fair settlement.
Can I claim pain and suffering damages?
Yes, pain and suffering damages are a common part of car accident compensation. These damages are meant to compensate you for physical pain, emotional distress, and the loss of enjoyment of life due to your injuries.
What should I do if a car crash leads to a wrongful death?
If a car crash leads to a wrongful death, the family members of the deceased may file a wrongful death lawsuit. This lawsuit seeks compensation for funeral expenses, loss of financial support, and the emotional toll on the family.
How can a lawyer help with my car accident case?
An experienced car accident lawyer can help you gather evidence, negotiate with insurance companies, and ensure you get the compensation you deserve. They can also guide you through the legal process and protect your rights throughout the case.
Contact Our Oklahoma Car Accident Lawyer for a Free Case Consultation
If you’ve been involved in a car accident, it’s important to understand your rights and the damages you may be entitled to. Hasbrook & Hasbrook Personal Injury Lawyers is here to help you with your personal injury claim. We provide free consultations to discuss your case and guide you through every step of the process.
Our experienced car accident lawyers will help you understand car accident damages, including medical bills, lost wages, and pain and suffering. We will fight to make sure you receive the compensation you deserve for your injuries and losses. Whether you’re dealing with property damage or a serious injury, we’re here to ensure that your case is handled with care and expertise.
Contact us today for a free consultation. Let us help you understand your options and work toward securing the compensation you deserve.