Motor vehicle accidents are a terrifying experience, especially for those who are severely injured as a result of someone else’s negligence. If you or a family member are injured in a motor vehicle accident that results in injuries based upon the fault of another, certain damages are available. In motor vehicle accident cases, damages are generally classified into two categories – special and general.
Special damages are generally out-of-pocket expenses that can be attributable to the injury. These are the damages that actual dollars figures can be placed upon, and include:
- Medical expenses
- Medical monitoring
- Rehabilitative costs
- Loss of potential earning capacity
- Loss wages and earnings
General damages, on the other hand, are intangible losses that flow naturally from the special damages. For example, it can be assumed that if someone incurs $10,000.00 in medical expenses for a broken arm, then that person will also incur physical pain and suffering. General damages depend on the nature of the injury, the facts surrounding the injury and the recovery, and a variety of other factors.
General damages include:
- Physical pain and suffering
- Mental anguish
- Impairment of capacity to enjoy life
- Humiliation and embarrassment
- Disfigurement and scarring
The spouse or a parent of a motor vehicle accident victim also has available damages for loss of services and society, typically referred to as loss of consortium. An example of a loss of consortium claim is where a husband and wife routinely go mountain biking, but the husband is permanently injured in a motor vehicle accident, which prevents him from ever riding a bike again. The wife would be allowed to pursue a loss of consortium claim to compensate her for the loss of this activity with her husband.
In certain situations, punitive damages are available. Punitive damages are designed to punish and are reserved for egregious conduct. A plaintiff must show that the Defendant’s actions were willful, wanton, and reckless to recover punitive damages.
At The Moore Law Firm, we aggressively pursue all available damages for motor vehicle accident victims. We thoroughly investigate your case and fight hard to maximize compensation.