Proving Compensatory Damages in an Accident Case

Proving Compensatory Damages in an Accident CaseAfter an accident caused by another person’s carelessness or negligence, a court may award either “compensatory” or “punitive” damages, or both. Unlike punitive damages which serve more as a punishment, compensatory damages are the “actual” damages the plaintiff may be entitled to in order to restore themselves financially to the point they were before the accident. Compensatory damages may replace economic or non-economic loss, property damage, and injuries.

Economic damages available to personal injury plaintiffs may include compensation for medical and physical therapy bills, as well as for property damage and time missed from work or loss of earning capacity. Non-economic damages provide compensation for pain and sufferingmental anguish and emotional distressloss of companionship, lost opportunity, and loss of enjoyment of life.

If you have sustained injuries in an accident that resulted from another person’s negligence, the skilled lawyers at Brylak Law may be able to help you obtain the maximum amount of compensatory damages for your injuries.

Compensation for Medical Bills and Expenses

In virtually every personal injury case involving a serious accident or injury, the accident victim sustains high medical bills and expenses. Generally speaking, the more serious the plaintiff’s injuries, the higher the medical bills – and the higher the medical bills, the more the personal injury case is worth from a monetary perspective.

A knowledgeable San Antonio personal injury lawyer may also be able to assist you with obtaining future compensatory damages. At Brylak Law, we can also guide you in the steps you need to take to ensure your maximum compensation.

Compensation for Property Damage

Compensation for property damage is most readily available in motor vehicle accident cases, where an injured plaintiff can potentially recover damages for vehicle repairs or for diminished value of a vehicle. In some cases, an expert appraiser may need to testify about whether or not the vehicle has been totaled or retains any salvage value.

A plaintiff may also be able to recover monetary compensation for the value of damaged property inside the car, as well as costs for obtaining substitute transportation while the car is being repaired. If you believe you are entitled to property damage compensation, talk to Brylak Law to calculate damages owed to you.

Compensation for Lost Income

Serious injuries sustained in an accident can prevent people from going to work and performing their regular job duties – especially when those duties include heavy lifting, bending, or climbing. An injured accident victim may also be able to recover monetary compensation for work time lost to attend medical appointments and physical therapy sessions.

Finally, if an accident victim sustained permanent injuries or impairments, he or she may be able to obtain compensatory damages for future lost wages or lost earning capacity. This is especially true in cases where the injured person has to switch jobs – or switch to a different career altogether – because of injuries sustained in an accident. An injured plaintiff may also be able to recover compensatory damages upon proving loss of a significant business opportunity, due to the accident or injuries sustained.

Past, Present, and Future Pain and Suffering

An injured accident victim may be able to recover compensatory damages for all of the past, present, and future pain, suffering, and inconvenience experienced as a result of injuries sustained in the accident. While pain and suffering damages cannot be measured by a hard-and-fast number, certain factors used to help determine the amount of these damages include the following:

  • The amount of medication the accident victim requires
  • The type and length of treatment received as a result of the injuries sustained
  • The duration of the accident victim’s recovery period

Generally, an accident victim who suffers a more severe and painful injury, such as a fracture or broken bone, will have a more valuable personal injury claim than someone who suffered soft tissue injuries or other minor damages. An expert witness, such as a medical doctor or other healthcare provider, may be necessary to prove pain and suffering, along with other types of non-economic damages.

Compensation for Mental Anguish and Emotional Distress

Mental anguish and emotional distress oftentimes result from traumatic accidents and other life events. Common symptoms associated with mental anguish and emotional distress include the following:

  • Terror
  • Shock
  • Apprehension
  • Confusion
  • Humiliation
  • Sorrow

In order to gauge the level of a person’s mental anguish or emotional distress following an accident, insurance companies and their adjusters sometimes consider the injured plaintiff’s physical proximity to the accident. This may include whether or not the plaintiff was in the “zone of danger” as well as the plaintiff’s physical reactions to an accident, like depression, anxiety, or loss of weight. To ensure that your insurance company offers you a fair settlement, it is best to contact a personal injury attorney at Brylak Law who can negotiate on your behalf.

Loss of Companionship or Spousal Support

An injured plaintiff may be able to recover these damages in cases that involve debilitating or permanent injuries. These damages compensate an accident victim for being unable to engage in activities related to spousal companionship, such as sexual intercourse, or family activities, such as spending time with children or grandchildren. Talk to an attorney at Brylak Law for more information on compensation for loss of companionship.

Contact a San Antonio Personal Injury Lawyer for Help Recovering Compensatory Damages in Your Accident Case

If you have sustained personal injuries in an accident that was caused by someone else’s negligence, a San Antonio personal injury lawyer may be able to help you obtain the monetary compensation you need and deserve under Texas law.

You can reach the San Antonio personal injury lawyers at Brylak Law by calling (866) 496-3815, for a free initial consultation or to learn more about how you can recover the compensatory damages in your accident case.

2017-09-26T17:40:58+00:00