The damages you can collect for a car accident will depend on the facts of your situation. Every case is unique. Some car accident cases are awarded hundreds of dollars in damages, while others are awarded much more.
The only way to know how much compensation you could be eligible for is to consult with a lawyer. They can review the cost of your accident-related expenses and determine what types of damages you can recover.
Types of Damages in Car Accident Injury Cases
There is no flat rate or a fixed amount of compensation you can collect for a car accident. Your damages could be very different from someone else in the same collision.
Here are some examples of the types of damages we have won for our car accident clients:
This category encompasses the reasonable cost of health care services you needed to treat your injuries.
These can include the cost of:
- Emergency transportation
- The emergency room
- Lab work
- Diagnostic procedures
- Doctors’ appointments
- Initial treatment
People often have additional medical expenses, like physical therapy, prescription drugs, and pain management services.
Some injuries need extensive care at a specialized treatment facility. For example, severe burns, spinal cord damage, and traumatic brain injuries might need inpatient or outpatient services at a rehabilitation center.
Catastrophic injuries can leave a person unable to live independently. In these situations, it might be necessary for the injured person to move into a skilled nursing facility.
After a significant injury, you might need items you did not require before. This category can include things like a wheelchair, crutches, home modifications, adapted vehicles, lift equipment, and other assistive devices.
If your injuries caused you to miss time from work without pay, you could be compensated for this loss. This category can also include lost wages, salary, self-employment, and other forms of regular income.
Diminished Earning Capacity
A devastating injury can leave a person unable to work as many hours or perform the same tasks as before. If you had to take a lower-paying job or work fewer hours because of ongoing impairment from your injuries, your difference in income can be compensable.
Pain and suffering, disfigurement, chronic depression and anxiety, post-traumatic stress disorder (PTSD), and loss of enjoyment of life are examples of noneconomic losses, according to the American Bar Association. These items do not have an established monetary value. Still, these things are valid damages. Your personal injury lawyer can calculate the value of your noneconomic losses.
For a free legal consultation, call 864-740-8653
How to Establish the Liability of the At-Fault Driver
You cannot collect damages from the other driver without first establishing negligence.
To recover the cost of your losses, your legal team must prove that another party acted carelessly or recklessly.
The American Bar Association says that you have to prove all four of these elements to hold the at-fault driver responsible:
- Duty of care. Your legal team must prove that the other party owed you a duty of care. Everyone who operates a motor vehicle on public streets has a responsibility to drive with caution and obey traffic safety laws.
- Breach of duty. If the other party violated their duty of care, they could be found negligent. Let’s say that the other driver took their eyes away from the road because they were arguing with a passenger in the back seat. Failure to keep their attention on the act of driving violates their obligation to drive with caution.
- Your legal team must prove that the other party’s careless actions caused the accident. They might be able to use photos and videos of the accident scene, the police report, and statements from witnesses to establish causation in your case.
- Quantifiable losses. In every personal injury case, the injured claimant must have measurable damages, like medical bills or lost wages. If you got hurt in the accident, you likely have some forms of quantifiable losses. On the other hand, if you have a “near miss” situation and escaped without physical injury, you are unlikely to have a successful personal injury claim.
Once your legal team establishes all four of these factors with evidence, you can pursue the cost of your collision-related damages.
Getting Legal Help for Your Car Accident Injury Case
If you have questions about what damages you can collect for a car accident, call the Hammack Law Firm. During a free case evaluation, you can learn more about your legal options. We encourage you to call us today because, under S.C. Code of Laws § 15-3-530, you only have a limited time to take your case to court.
You can call us today at 864-326-3333 to get started.
Our Client Bill of Rights offers a 30-day unconditional satisfaction guarantee —no costs and no fees. We serve our Greenville clients in all areas of personal injury, including auto and motorcycle accidents, truck accidents, and boating accidents.
To get started with our Greenville personal injury law firm, please simply contact us online or call 864-326-3333 for a free consultation.