The law refers to the recoverable losses incurred from a personal injury case as compensatory damages, which further divide into economic and non-economic damages.
Every car accident is different, but there are common damages among most.
Economic damages cover the financial devastation a car accident can cause. Some monetary losses you can recover include:
- The cost of medical bills for current and future treatments
- The income lost due to missed work and loss of earning capacity
- The cost of repairing personal property damaged in the accident
- The cost of replacement services, such as at-home help or childcare
These are easily calculable. You can prove these losses using medical bills and records, tax returns, pay stubs, receipts and estimates.
Non-economic losses represent how your accident and injuries impacted your mental health. For example, you can request compensation for the physical pain and suffering caused by your injuries and the treatment you had to undergo. You may also claim emotional distress, mental anguish, loss of enjoyment in life, anxiety, depression and post-traumatic stress. These are more challenging to prove and quantity.
Wrongful death damages
When a negligent driver causes the death of your loved one, a personal representative of their estate can pursue damages for the family through a wrongful death claim. Expenses they can demand include the cost of a funeral and burial, loss of income and benefits and the loss of companionship.
As the person filing a claim for damages, you will have to provide proof of the other party’s negligence and proof that connects any losses you claim to the accident.