When you file a lawsuit after a car accident, you may not know how it’s all going to pan out. In fact, your attorney was probably leery of giving you an estimate on how much you’d receive in damages; that’s because every case is unique, and different juries will rule in different ways. However, three things can greatly affect how much you will receive in damages – and it’s helpful to know what they are before you really get the ball rolling on your car accident case.
Types of Damages Awarded when Car Accident Cases Go to Trial
Before we talk about what affects your financial award, you need to know that there are two types of damages you can be awarded: compensatory and punitive.
Compensatory damages help replace money you had to spend on medical bills or that you lost because you were forced to miss work. They’re also intended to help pay for your future medical care and for future lost wages, as well as a handful of other things.
Punitive damages are designed to punish the guilty party; they’re often awarded on top of compensatory damages.
The 3 Things that Can Affect Your Damages During a Car Accident Trial
The three key factors that juries consider when they’re determining your financial award are:
- Who is at fault. Sometimes it’s easy to figure out who’s at fault; for example, if you were carefully proceeding through a green light and someone ran a red light, essentially T-boning you, and the police cited that person for running a red light, the case is pretty clear-cut. However, the jury may find that you were partially responsible for the accident. If you were partially responsible, you may be awarded less than you would have if you were completely innocent.
- How responsible you were after the car accident. If you had an injury that could have—and should have—been treated immediately, but you waited until things got much worse, which caused other medical problems before you sought treatment, you may not be eligible to receive as much compensation. For example, an untreated neck injury that could be repaired if treated immediately can lead to permanent problems if it’s ignored.
- Whether the defendant is capable of paying. In some cases, the defendant is incapable of paying you any financial award. He or she may not have any insurance or any source of income. While this is extremely unfortunate, it happens. That’s why it’s incredibly important to talk to your lawyer about who can be held accountable for your injuries and find out whether you actually have a solid case before you proceed.
It’s not fair that you were injured through no fault of your own. That’s why it’s so important that you speak up; the person or company responsible for your suffering should be held responsible for your medical costs, lost wages and all of the other troubles they’ve caused for you and your family. You don’t have to go through this alone, either; your lawyer will be there to protect your rights and fight for justice every step of the way.
also read: http://www.caraccidentlawyer-brooklyn.com/articles/3-reasons-never-talk-insurance-adjuster/