If you’ve recently been injured in an automobile accident which caused a significant amount of damage to your vehicle and yourself, you may wonder how an insurance company would value your claim were you to file one. Insurance carriers typically will investigate the types and amounts of damages suffered, then figure a percentage of fault. A Mississippi personal injury attorney will better be able to help you determine the amount your injuries and damages are worth, and figure the potential success of your lawsuit.
What are the Types of Damages You May Recover?
Medical expenses are generally the primary expenses you will be subject to following your auto accident. Depending on the severity of your injuries, you could have any or all of the following expenses: emergency room treatment expenses, bills for doctor visits, hospital expenses, chiropractic care bills, physical therapy fees, medical device fees for crutches or braces, and prescription medicine costs.
Any of these costs which were incurred as a direct result of your accident can be considered recoverable, however if you have a medical exam done specifically for the purpose of your lawsuit, you will generally not be reimbursed for it. Medical expenses are often used as a baseline for determining how reasonable your claim truly is. If your injuries are to the extent that you will be required to continue medical treatments in the future, then these medical expenses will also be a factor in your overall settlement.
Lost Wages of Loss of Earning Capacity
Any money you would have earned between the time of your accident and the final settlement is considered recoverable. Even if you were not employed at the time of the accident, you may still be able to collect on lost wages if you can prove you would have employed. If your ability to earn money in the future has been impaired as a direct result of the accident, then you may also be able to collect for loss of future earnings. To determine this particular figure, your past earnings will be used in the calculations, and the jury will focus on what might have been earned if the accident had not occurred.
Pain and Suffering or Emotional Distress
Many auto accidents leave their victims with chronic pain which never goes away, no matter how much pain medication they take or how much time they spend in rehabilitative therapy. It is expected that this pain will be compensated for, since the overall quality of life has been significantly affected. The injuries from your auto accident could have resulted in daily, chronic pain which may not be expected to go away any time soon. The jury in your case will look at the severity of your pain as well as how long you are likely to be in pain when they determine the specific amount to be awarded.
Emotional distress, also known as mental anguish, encompasses any type of mental or emotional distress which a person suffers as the direct result of their auto accident and subsequent injuries. The person suffering from emotional distress may experience anxiety, nervousness, apprehension, humiliation, grief, shock or even severe embarrassment. If a person has been obviously disfigured, then they may find it embarrassing or humiliating to continue their normal life, therefore pain and suffering expenses could be awarded.
Other Factors
Your attorney may also counsel you to ask for loss of consortium if any of the components of your married life, including affection, comfort, help or sexual relations, were altered or taken away. Property damages can be recovered for the value of any property of yours which was damaged during the auto accident. Juries typically look at how much money you have either spent or lost when they are determining specific amounts for settlement. The medical damages are considered medical special damages, while pain, suffering, emotional damage or other non-monetary losses are considered general damages. Who is at fault will also come into play when determining a settlement; the best way to find out how much you can reasonably expect to recover is to speak with an experienced personal injury attorney.
Call our law firm to discuss you case today!