Damages You Could Receive From a Personal Injury Lawsuit

Damages You Could Obtain When Injured in a Car Accident

Whether you were involved in a minor fender bender or a major accident where your vehicle was totaled, any kind of car accident can result in an injury. Nearly 2.35 million people are injured every year in car accidents across the U.S. If you find that your insurance claim won’t provide you with the amount of compensation you’re looking for, a personal injury lawyer from RAM Law can help you file a personal injury lawsuit.

Factors That Are Considered When Calculating Damages

If you can prove that another driver was at fault for the car accident you were involved in, it’s possible that you will be awarded a substantial amount of financial compensation. This compensation is designed primarily to cover the expenses that were incurred from your injuries. The judge or jury presiding over your case can essentially use their discretion to determine how much damages you should receive from the defendant. When damages are being calculated in a personal injury lawsuit, there are numerous factors that can be taken into account, such as:

• The age of the plaintiff
  
• The severity of the plaintiff’s injuries
  
• All medical costs related to the injuries that occurred as a result of the accident
  
• Any issues that the injury caused to the plaintiff’s quality of life
  
• Being unable to go to work while injured
  

With these factors in mind, the judge or jury will calculate how much money you’re owed by the defendant if you win the case. It’s also possible that the defendant will settle before the case ever goes to trial. In certain situations where the defendant exhibited extremely reckless behavior that caused the accident and resulting injuries, it’s possible that punitive damages will be awarded as well, which are typically provided alongside standard damages and are meant to punish the defendant.

Types of Damages Available to You

The types of damages that you could get for a personal injury include practically any expense that stems from the injury. For instance, all of your medical bills could be covered, including hospital bills, transportation costs for the ambulance, and prescription medication costs. If you’re unable to go back to work immediately following the accident as a result of your injury, you may obtain compensation that replaces some of your lost wages. Some of the additional damages that you might be provided with when filing a personal injury lawsuit include costs pertaining to a permanent disability, costs pertaining to a loss of consortium, and the costs related to the repair or replacement of the vehicle that was damaged during the accident.

What to Prove to Receive Damages

If you want to receive the damages that you believe you’re owed, you will need to prove that the operator of the other vehicle was at fault and that the injuries you sustained occurred as a result of the accident. Unlike slip-and-fall accidents or medical malpractice issues, proving fault for a car accident is somewhat more straightforward. If the police filed a report that includes the details of the accident, this report will be very important for proving fault. For instance, a driver who hits the back of another vehicle is almost always deemed to be at fault for the accident. Witness accounts from the scene of the accident are invaluable when trying to prove that the other driver was at fault.

As for the injuries that you’ve sustained, proving that these injuries occurred because of the car accident is very simple if medical attention was sought immediately following the accident. If a plaintiff waited a couple of weeks before receiving medical attention for the injury, the defendant could argue that the injuries occurred after the accident. Medical documents will serve as proof that you received treatment or care immediately following the accident.

If you’ve been injured in a car accident and you wish to file a lawsuit, call our personal injury lawyer today at (908) 448-2560 in Somerville or at (732) 247-3600 in New Brunswick to schedule your initial consultation.