Free Essay. Damages in a Car Accident

The law provides for several claims that a victim of a serious can claim as damages for a serious car accident. These types of damages may differ depending on the nature and occurrence of the accident. The damages range from medical expenses incurred, loss of income of employability, pain, and suffering, among others. This paper aims at looking in detail at some of the damages that an individual can claim in a lawsuit after a serious car accident.

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Medical expenses are the primary damages that a victim can claim in a lawsuit after a car accident (Nolo, 2009). Medical expenses are incurred as a result of the injuries sustained, either minor or serious ones. Minor injuries may range from cuts and bruises, while some serious ones may result in paralysis and even disability of the victim. Victims of severe car accidents are therefore advised to undergo thorough medical scrutiny after an accident in case they feel hurt after an accident. This enables timely determination of the degree of injuries and treatment of the same. The timely medical intervention also hastens the settlement process in case a lawsuit is filed against the offender. The medical expenses that may arise after a car accident include ambulance fees, physical of cognitive therapy fees, in case of brain injury, consultations with healthcare providers, disability or disfigurement, and homecare services, among others. If a doctor predicts future health expenses after the settlement of the case, the attorney with the help of the doctor, can estimate the cost and have this settled on top of the pre-determined costs (Reuters, 2019). In case of the death of an accident victim, the surviving family can file a lawsuit to claim for the wrongful death of their kin. The surviving family is also paid medical damages incurred between the accident and the time of death.

An accident victim can also claim damages due to loss of wages resulting from an accident. In case an accident victim loses their earning capacity due to disability or disfigurement, he or she can file a lawsuit to claim damages for this. Loss of wages can also result from time lost attending therapy sessions, time lost in the hospital during the treatment period, or the loss of mobility, which can result in the inability to carry out daily wage-earning activities (Reuters, 2019).

An accident victim can also file a claim for damages as a result of the pain and suffering resulting from the accident. The law defines pain and suffering as physical or physical distress, which an accident victim may seek damages for upon filing a lawsuit (Nolo, 2009). Damages for pain and suffering are determined by the seriousness of the injury, the type of injury, and the possibility of future suffering as a result of the injury incurred. Damages due to pain and suffering may also result from mental suffering as a result of an accident. This may include mental disorders such as stress and anxiety (Reuters, 2019).

Deprivation of love or companionship as a result of an accident is another damage that an accident victim can claim in a lawsuit. A spouse can file a lawsuit in case the injuries resulting from an accident constrains his/her partner from showing them affection, including during intimacy. This type of damage is claimed by the uninjured partner, unlike others which are claimed by the victim (Nolo, 2009). In case the accident victim dies, members of the surviving family may claim damages due to loss of society and companionship. In the case of this type of claim, the attorney considers the impact of the victim's death on their surviving family and their relationship before the death.

Conclusively, there are several types of damages that an accident victim can claim in a lawsuit. These include medical expenses, loss of wages, pain, and suffering, and the loss of love and companionship. The jury, however, has to make a few considerations before making a ruling on a damage settlement.

References

Nolo. (2009, August 21). Types of Damages in a Car Accident Injury Claim. Retrieved from https://www.lawfirms.com/resources/personal-injury/auto-accident/damages-car-accident-claim.htm

Reuters, T. (2019, January 16). What Kinds of Damages May I Claim for Car Accident Injuries? Retrieved from https://injury.findlaw.com/car-accidents/what-kinds-of-damages-may-i-claim-for-car-accident-injuries.html