Damages sought after a car accident can be much more than just medical bills and property damage. Your life forever changes after you are involved in a serious car accident. It touches all aspect of your life, and the activities and lifestyle you once enjoyed could be radically affected as well.
Can you seek compensation for the loss you have experienced because of this change? We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
Damages in General
General damages are those that cover more than just physical damages and things you can see. These types of damages tend to be more subjective in nature and are much more complicated, especially when attempting to prove in court.
Do not let these hurdles sway you from seeking them. Remember the massive effect this car accident has had on your life. You deserve to seek compensation for the way your life has been negatively changed. It just may take a little more effort to prove.
Pain and Suffering
Pain and suffering is a phrase thrown around frequently. These damages include the actual pain and discomfort that come at the time of the accident and continue in the future.
The pain and suffering that come along with the treatment for the injury are also included, and depending on how severe the pain and suffering and the length of the injury, the higher the compensation you should expect to receive.
Loss of Enjoyment
Loss of enjoyment deals specifically with your inability to participate in everyday activities you once enjoyed. These activities can include your hobbies, recreational activities and daily exercise.
Factors considered include the percentage of your life that was taken up by these activities, as well as the severity of your injuries and likelihood that your ability to participate in these activities will be forever prevented.
Emotional Distress and Depression
Being permanently injured and no longer being able to do the things you once enjoyed doing can affect you emotionally as well. Depression is a real and unfortunate side effect from personal injury.
You can find yourself suffering from a variety of conditions as a result of your accident, including:
- Depression
- Anxiety
- Insomnia
- Panic attacks
You may end up feeling desperate at the current state of your life, believing that you will never be happy because of your lifestyle being forever altered.
Insurance companies will likely try to poke holes in your claim of emotional distress and depression. Back up your claim with written diagnoses and recommendations from a mental health professional, psychologist or psychiatrist to show the severity of your condition.
Make sure you limit it to that purpose alone, however. Do not feel pressured to provide your entire mental health records given the confidentiality of the information included.
Loss of Consortium
Many people do not even think of this damage as something that is pursuable, but it is. Loss of consortium involves the affect your injury can have on your intimate or sexual relationship with your spouse or significant other. Depending on how severe your injuries are, it can include your present inability to be intimate as well as your future inability.
It can also cover the lasting effects, such as divorce if caused by the strain your injury put on your marriage or relationship. This type of injury can be a bit awkward to present and it may include some type of medical proof that you have a sexual disability or a written statement or testimony from your spouse or significant other about the details of your sex life.
You may not be able to get much in terms of loss of consortium damages, but it is available should you decide to pursue it.
Summary of a Case for a $4.6 Million PI Claim
In Gloucester County in a car accident in 2018, a woman received damages worth $4.6 million for personal injuries that were permanent. She was hit by a car whose driver was a firefighter who at the time was speeding to get to the location of a fire. Richard Campbell, the fire fighter, ran a red light and struck the car that the injured woman was driving.
This normally active woman is now confined to a wheelchair and has to use a chairlift to get her around her home. Numerous bones were broken in the accident and her injuries will never allow her to return to ordinary daily activities.
Campbell, according to evidence, failed in his duty to drive responsibly and this negligence caused the accident. The question of who was liable for the accident was never doubted as it was a clear cut case of negligence.
What You Might Need Money for if Your Lifestyle Changed after an Accident
Personal injury compensation awarded after an accident that was not your fault may be needed to cover the following expenses:
- medical bills now and into the future;
- lost wages;
- home modifications such as installing a stair lift and level areas for a wheelchair;
- new vehicle adapted for a person with certain injuries;
- an old vehicle that needs to be adapted;.
- medical equipment;
- help in the home for day to day chores;
- hiring a driver to get out of the home for a doctor’s appointment.
Calculation of Damages
Calculating the amount of general damages involves several factors. Courts will normally look to the parties’ attorneys to get an idea on what is being sought. Attorneys look to the age and physical condition of the injured party first.
If you are 35-years-old and regularly ran marathons, permanent damage to your legs would mean a lot more if you were not relatively unhealthy, a regular smoker and much older.
Further, any illnesses or ailments that you may have suffered from that were made much worse because of your injury are considered, as well as any treatments or side effects you are now experiencing because of your injury and treatment.
Overall, courts will look to the permanent impact the injury has put on the victim’s quality of life. Can that individual participate in the hobby that made such a difference in his or her life? Can he or she still play with his or her children? These subjective factors will go into consideration when calculating damages.
Contact a Personal Injury Attorney
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. For the best chance of receiving the compensation you need to pay for medical bills, auto body bills, and pain and suffering, you should speak with a personal injury attorney in your area today.
Case found: patch.com/new-jersey/haddon/4-6-million-settlement-gloucester-county-woman
