Understanding Compensatory Damages After Motor Accidents
After a motor accident, most people assume that compensatory damages are available only to injured victims. The reality is far from this. There are several other compensatory damages that apply and they are divided into economic and non economic damages. This short guide will highlight them.
Economic Damages
These damages are awarded to a victim who is unable to work because of the accident. The payment often covers the cost of treatment and physical therapy. It could also cover lifetime physical therapy for those with severe injuries. If you’re injured, you will need Legal assistance for car accidents in Dripping Springs to initiate an action.
Besides the cost of treatment, economic damages pay for the upkeep of the victim after the accident. Depending on the severity of the injuries, some people may have to take time off work. In extreme circumstances, they may have to stop working due to lifelong injuries. So the damages will cover the salary of the victim along with other bonuses and benefits to help them recover or cope with the injuries.
There may be other expenses if the victim has a debilitating condition. This means they’ll need a nurse or care assistant to help them with their personal care. Other expenses can also come in the form or home renovation to match their current needs if they are disabled.
Non-economic Damages
These damages cover other factors, such as pain and suffering caused by the accident. In such cases, even if the victim is not injured, the emotional distress they suffer can be covered as compensatory damage. The reason for this is how debilitating trauma can be regardless of physical injuries. Such damages can go toward paying for therapy sessions to improve mental health.
Besides trauma and pain, the non-economic damages also cover disfigurement during the accident. If there is a need to pay for plastic surgery or treatment to prevent further decline, this damage will cover it.
Also, economic damages include damages for inconvenience caused by the accident. It takes into account all the events the victim missed while recuperating. Also, if there’s a change to the quality of life of the victim, they can claim noneconomic damages.
How Damages are Valued
Insurance companies often value economic damages using the total of losses incurred after the accident. This is not automatic though. If you’re claiming damages then you’ll have to provide receipts of the expenses. Keep any invoice or bills safely before the claim.
For noneconomic damages, it is difficult to produce receipts so there’s no standard procedure for determining what is due the victim. So what happens is the value of suffering is calculated between 1.5 and 5 and then the total loss incurred will be multiplied by the number.
However, in some cases, the court will consider a per diem or daily amount, which will be calculated based on the number of days spent in the hospital. Again, keeping records plays a large role in the success of a claim for damages. The same applies to hiring a knowledgeable accident attorney.