Skip to main content

Automobile Accidents and Compensation

Any individual who has been injured in an automobile accident may be able to seek monetary compensation for injuries and damages. Each case is fact specific and typically involves complex issues of proof and fault in a dispute.

Compensation:          
The injured party in a motor vehicle accident may be able to recover damages from the party or parties who caused the accident. Damages are monetary compensation for the victim’s injuries or losses. Compensable injuries include physical injuries such as broken bones, spinal cord injuries, head injuries and the pain and suffering caused by the physical injuries.

Damages can be sought for the victim’s medical bills incurred-bills that arose directly after the accident, in addition to reasonable future medical bills. If the victim requires some type of rehabilitative services or accommodations, such as physical therapy or a ramp leading to their home, these costs can be compensated. The accident victim may also recover lost past and future wages. In addition, compensation for damage to personal property may also be recoverable.

Other damages which are harder to quantify may also be sought such as mental pain and suffering as well as permanent impairment or disfigurement. Additionally, loss of enjoyment of life is also compensable in certain situations.

If the injured person was already suffering from a previous injury, that does not necessarily bar monetary recovery. The accident may have aggravated or worsened the victim’s existing injury, and the new injury can be treated as a separate matter from the underlying injury.

It is a good idea to keep a daily dairy detailing how the injury is affecting you both emotionally and physically if you have been injured in an auto accident. This can be very useful when it comes time to show the effects of the accident.

Spouse’s damages/ Loss of Consortium:
Even if the husband or wife of the motor vehicle accident victim was not in the car at the time of the crash, he or she may also be experiencing a loss. Almost every state recognizes the claim of loss of consortium which refers to the negative effect the accident has had on the marital relationship. The marital relationship generally comes with certain benefits, such as companionship, comfort, assistance, sexual relations and affection. Loss of consortium and be temporary or permanent.

Auto Insurance Recovery:
In most cases the auto accident victim who recovers in court or via a settlement are paid by the other driver’s insurance company. If the other driver is uninsured or underinsured, however, the accident victim must pursue other means of recovery. The insurance policy of the victim may have an uninsured-motorist or underinsured-motorist provision that will compensate the victim. Other types of insurance policies, available through the victim’s spouse or employer, may also provide benefits.

Amount of Financial Recovery:
The level and amount of damages an auto accident victim may be entitled to depend on numerous factors. State law, the victim’s injuries, proving the facts of the case and even the victim’s own actions can come into play. So can the type and length of the medical treatment received, the insurance coverage of each party, the effect of the accident on the victim’s income and the permanence of the injuries. 


Find out more at MyrtleBeachCriminalLawyer.com

Comments

Popular posts from this blog

Auto Accidents and Traumatic Brain Injuries

Traumatic brain injuries (TBI) are responsible for the deaths of approximately 50,000 Americans each year and the hospitalizations of roughly 230,000 more. Many more victims go undiagnosed.

Auto accidents are one of the leading causes of TBI. Most TBI's are closed head injuries, which means that trauma sets the brain in motion inside the skull. The brain gets slammed against the interior surface of the skull, resulting in contusions and swelling. 
Trauma can also initiate rotational forces that twist and stretch the brain, which can damage axons. Brain neurons send messages via electrical impulses; axons are the carriers of these impulses. When axons are damaged, brain function is diminished. 
A condition called diffuse axonal injury (DAI) occurs on a cellular level and leaves blood vessels and major brain structures intact. This type of damage cannot be detected by MRIs or CT scans, making DAI vastly under diagnosed and under treated. 
Brain injuries are unlike injuries to other …

Your Rights When You're Pulled Over for a Supected DUI

Fact is, most people don't even know their rights if they're pulled over! Here's a quick list of the most important rights you need to know and how the conversation may go if you are pulled over:

"Do you know why I pulled you over?" It's typically the first thing you'll hear. It's also deliberately designed to get you to admit to certain behavior. Be polite and simply ask, "Why do you ask?" and then wait for a response. Do not comment. That phrase "anything you say can and will be used against you in a court of law" is truer than you'll ever know, trust us.

"Have you had anything to drink tonight?" If you truthfully have had nothing to drink that night, say, "No." If you've had something to drink, you don't have to share that information! Telling the officer that you've been drinking will be evidence used against you. Instead, say, "I have no statement to make." While it may seem unnatura…

The Daily Aspirin Tug-of-War

Aspirin has been shown to reduce the risk of heart attack in people who have already had one. But what if healthy people took a daily aspirin to prevent heart issues to begin with?

Aspirin is a powerful anti-inflammatory agent that helps reduce inflammation that can trigger a heart attack. Prior to 2014, many doctors recommended that those at higher risk for heart trouble - family history, high blood pressure, elevated cholesterol, diabetic, etc. - over age 50, and not at increased risk of bleeding begin taking a low dose of aspirin every day.

However, in 2014 the Food and Drug Administration (FDA) deemed that preventative dosages of aspirin in otherwise healthy people produced more risk than reward. Aspirin can irritate stomach and intestinal tissues, which may lead to ulcers and intestinal bleeding.

There was a push back from the American Heart Association (AHA) and U.S. Preventative Services Task Force (USPSTF), a government- appointed panel of health experts. Although agreeing tha…