If you’ve ever been involved in a car accident, you know how scary it can be. In the moments after your crash, a million thoughts start to run around in your head. You start to wonder how you’re going to pay to get your car fixed. Damages that a court awards for the accident can help. You’ll also worry about how expensive your medical bills will be. The last thing you’re going to think about is what kind of damages you’re going to demand from the defendant. You need to focus on making sure your family is okay. Let a car accident lawyer in Tucker handle the legal side of things.
We always recommend that car accident victims call us as soon as possible after their car wreck. If the insurance company thinks you aren’t represented by an attorney, they may try to take advantage of you. At least if you’re represented by a personal injury attorney in Tucker, you know your claim will handled properly from the start. You also have the peace of mind knowing that your lawyer will fight tooth and nail to get you the compensation you deserve.
Here, we’ll talk about the various types of damages you can demand in your car accident lawsuit. We’ll also discuss what you’ll have to do to prove the other driver was at fault. If any of this is still unclear after reading this short article, give our office a call. We can schedule you to come in for your free, initial consultation.
There Are Two Main Types of Damages: Economic and Non-Economic
There are two main types of damages in a personal injury lawsuit. The first type is economic damages. These are exactly what you would think they are. Economic damages include anything you can prove with a receipt. This would include things like medical bills, mechanic’s bills, and any other out of pocket expense. It also includes any money you’ve lost from being out of work and income you would’ve earned had you not been injured in the accident.
The other type of damages is non-economic damages. The main thing included here are damages for pain and suffering. In most car accident cases, these make up the lion’s share of your damages. In addition, this could include punitive damages. However, these are rarely awarded in a car accident case. Unless your car accident lawyer in Tucker can prove the defendant acted with gross negligence or reckless indifference, it is unlikely you’ll receive punitive damages.
Your Personal Injury Attorney in Tucker Will Need to Prove Negligence
Before you can start thinking about what kinds of damages you’ll receive, you need to be able to prove your case. In a personal injury lawsuit, your lawyer will need to prove negligence. This means they must demonstrate four things.
First, your personal injury attorney in Tucker will need to show that the other driver owed you a duty of care. This shouldn’t be difficult. All drivers owe a duty of care to other motorists. At a minimum, you’re expected to obey all traffic laws.
The second thing you need to show is that the defendant breached this duty of care. One way to do this is by submitting a copy of a ticket that was issued at the scene. For example, if the police arrested the other driver for DUI, you can use this as proof of negligence.
Thirdly, your lawyer will need to demonstrate that you were injured. It’s not enough that you were involved in a car wreck. You have to show that you suffered an actual injury. This is why we always remind our clients of how important it is to go to the hospital after their accident. This is the best way to prove that you were hurt.
Finally, you’ll have to demonstrate that your injuries were caused by the defendant’s breach of duty. This shouldn’t be too hard. Unless the defendant’s lawyer can prove that something other than the crash caused your injuries, you should be okay.
If You Can Show Fault, You Will Be Entitled to Following Types of Damages
Once your car accident lawyer in Tucker proves negligence, you can demand damages. The defendant will be liable for these damages if you win. The main types of damages you can demand include the following:
- Property Damage – If your car was damaged or destroyed in the crash, the defendant will be liable for the costs.
- Medical Bills and Future Medical Bills – Obviously, the other driver’s insurance company will be responsible for any medical bills you’ve incurred. In addition, if your doctor says you’ll need further medical care in the future, you can demand compensation for this as well.
- Lost Wages – If you missed more than a couple of weeks from work, you can demand compensation. In addition, you’re allowed to demand compensation for any future income you’ll lose. For example, if you can no longer do the same kind of work you did prior to the accident, you can demand further compensation. This would be equal to the difference between what you would’ve earned compared to what you’ll now learn given your injuries.
- Pain and Suffering – As said before, these will make up the lion’s share of your damages. These damages are meant to compensate you for any physical and mental anguish experienced by the crash.
When all is said and done, most accident victims are entitled to most or all of the above damages. However, your personal injury attorney in Tucker will have to review your case before they know for sure what your demand will be.
Your Car Accident Lawyer in Tucker Will Fight to Get You Every Penny
The bottom line is that your car accident lawyer in Tucker is going to fight to get you as much money as possible. We understand that, while you say you want justice, what you really want is to be paid for the losses you suffered because of the accident.
It can be hard to explain to our clients that our job is not to make our clients rich. Our goal is to make you whole. There’s no reason why you should walk away from a car accident in worst shape than you walked into it. While we can only demand damages you’ve actually suffered, we will do our best to procure a settlement that is more than fair.
Contact one of our experienced personal injury attorneys in Tucker, Georgia today. We can schedule your free, initial consultation right over the phone.