It’s nearly impossible to determine the full extent of your damages at the scene of a car accident, when you’re focusing on reporting what happened and ensuring everyone’s safety. While the smashed glass and dented metal may be obvious, internal vehicle damage is harder to assess — and what it all boils down to in repair costs will ultimately take an expert to determine.
The immediate uncertainty of your property damages — and any physical, mental or psychological injuries sustained in a crash — can take some time to clarify. But knowing the different types of car accident damage that often arise can help as you sort through the facts of your case.
Here’s a look at some common types of damages in car accident cases to consider reviewing with an experienced attorney as you evaluate the car accident compensation you may be owed.
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What Are Damages?
As a legal term, damages refer to monetary remedies used to compensate an injured party in a civil action. They apply to those who are harmed in contractual relationships as well as those harmed by the negligence of others, as in the case of a car accident.
Damages are an essential part of a car accident lawsuit seeking car crash compensation. In fact, a complaint for negligence must specifically allege damages or else it’s subject to being dismissed for failing to state a claim. So, in addition to alleging that another driver had a duty to avoid driving carelessly and breached that duty, a claimant must also allege that the breach was a proximate cause of damages that they incurred.
What Are the Categories of Legal Damages?
At a high level, damages are broken into two main categories: compensatory damages and punitive damages.
Compensatory damages. Also referred to as “actual damages,” these remedies cover amounts that are determined to be actual harms to a car accident victim, like property losses and personal injuries. Compensatory damages are focused on the victim and calculated with the goal of making them whole again.
Punitive damages. These remedies focus on the wrongdoer and are used by courts to deter more egregious conduct. In Georgia, for example, courts apply punitive damages to cases with aggravating circumstances, such as a DUI accident caused by a driver with a history of DUIs, or where a driver had time to avoid a hazard but refused. A few states, including Nebraska, don’t allow punitive damages. Other states limit them, usually by tethering punitive damage awards to actual damages incurred. For example, New Jersey caps punitive damages to five times the amount of compensatory damages or $350,000, whichever is greater.
Types of Compensatory Damages: Special vs. General
In a typical car accident, compensation for a victim will primarily be based on all of the compensatory damages that apply to their property loss or personal injury claims. These amounts are further broken up into two subcategories based on how easy they are to calculate.
Special Damages
Also referred to as “economic damages,” these are the more concrete and quantifiable costs of a car accident, such as:
— Car rentals
— Lost wages
— Towing costs
— Ambulance costs
— Lost earning capacity
— Lost business opportunities
— Vehicle repairs or replacement values
— Medical expenses (labs, X-rays, medical visits, etc.)
— Other out-of-pocket costs (like hotel costs if a driver can’t return home after a crash)
Supporting evidence. Special damages are often proven through evidence like pay stubs, receipts, vehicle repair estimates and invoices. For longer-term injuries, car accident victims can recover for past as well as future expenses. The latter are estimated based on past costs as well as expert testimony regarding the likely costs to be incurred in the future. For example, if a victim has had six months of physical therapy but is estimated to require another year of physical therapy after their trial or settlement, this future cost can be included in their claim for car crash injury compensation.
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General Damages
Also referred to as “non-economic damages,” these costs are less tangible and based on subjective assessments. Examples of general damages include:
— Disfigurement
— Pain and suffering
— Emotional distress
— Loss of consortium
— Loss of companionship
— Loss of enjoyment of life
— Physical pain or impairment
Supporting evidence. General damages can be proven through such things as photographs, medical records documenting symptoms and limitations, and witness testimony. Witnesses can include the car accident victim, their loved ones or their medical providers, each of whom would be in a position to personally observe the victim’s ongoing symptoms and limitations. Expert testimony can also be used to elaborate on specific conditions, like post-traumatic stress disorder or concussions, which can help in the process of determining their monetary value.
How to Calculate Your Car Accident Compensation
Determining the amount of your special damages is an easier process as it involves totaling your actual costs incurred since your car accident. Injuries and compensation are key aspects of your case that should be reviewed with an experienced attorney who can ensure that you’re getting all of the auto accident damages that you’re entitled to.
As noted, general damages aren’t as easy to measure and can be based on a number of factors like the nature of your injury, the degree of pain you experience, your estimated recovery time and the amount that your injury impacts your life activities. However, there are a few different methods that can be used to calculate them, as noted below.
— Multiplier method. This approach involves using a multiplier — between a range of 1.5 to 5 based on the severity of your injuries — and applying it to the medical costs included in your special damages.
— Per diem method. This involves setting a fixed daily dollar amount representing your general damages and applying it for every day that you experience them.
— Hedonic damages method. This approach to compensation involves calculating the total estimated value of your life, then adjusting it in a way to reflect the loss of enjoyment resulting from the car accident.
— Economic model method. Under this approach, an actuary or economist will use statistical analyses to project your lifetime earnings and projected financial losses.
It’s worth noting that some states place caps on general damages. For example, Ohio limits non-economic damages to $250,000 or three times the amount of your special damages, whichever is greater. Alaska’s approach caps non-economic damages to the greater of $400,000 or a person’s life expectancy in years, multiplied by $8,000.
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Are You Getting the Car Accident Compensation You’re Owed?
It’s hard enough to navigate your injuries after a car accident without having to figure out all of the damages you’re entitled to under the law. That’s where an experienced attorney can help. Speak with one today to get a professional evaluation of your auto accident damages.
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Car Accident Compensation: Types of Damages to Claim originally appeared on usnews.com
