Bernstein & Maryanoff

Injuries and Compensation

Generally, an individual injured in an automobile accident may bring a claim or lawsuit to recover the actual expenses associated with property damage and medical costs, economic damages, and emotional and physical pain and suffering. Litigation involving motor vehicle accidents can be extremely complicated. Retaining an experienced lawyer familiar with motor vehicle accident damages will place you in the best position to receive the recovery that you deserve.

Damages

In automobile accident cases, as in all negligence cases, the injured party may recover for physical pain and suffering, mental pain and suffering, medical and rehabilitative expenses, past and future lost income, permanent impairment and permanent disfigurement. Typical damages may also include future medical bills that are reasonably certain, loss of enjoyment of life, and physical property damage. A previous injury does not necessarily affect the right to recover compensation. The injured party may still recover damages for re-injuring or aggravating the earlier injury. In order to document the damages, a person injured in an accident should keep a daily diary describing how the injury affects him or her and his or her immediate family.

Family member's damages

The spouse of the accident victim may also be able to recover for damage to the marital relationship. Both the husband and wife usually bring the claim, which is known as "loss of consortium." Loss of consortium generally refers to any negative effect on the marital relationship caused by the accident, and includes loss of the spouse's love, companionship, comfort, affection, solace, moral support, sexual relations, ability to have children, and physical assistance in the operating and maintaining a home. Loss of consortium can be either temporary or permanent.

Insurance

Typically, an insurance policy will cover the victim's damages. If the other driver has insufficient insurance or is not insured at all, the victim may be entitled to compensation from his or her own insurance company under an "uninsured" or "underinsured motorist" provision. Also, other insurance policies, such as the policies of other family members or employers, may provide benefits to the injured person. Even if the injured person was partially at fault, the law may permit a recovery. To protect yourself and your family in the event of an accident, contact an experienced attorney to review your insurance policies and to inform you of your legal rights under your policies.

Recovery Amount

The value of an automobile accident case depends on a number of factors, including how the particular state looks at fault, how easily the other party's fault can be established, the type and seriousness of the injuries, the type of medical treatment required, and the amount of insurance coverage available. Other relevant factors may include how the accident happened, the extent of vehicle damage involved, whether the injuries are permanent or involve significant scarring, the amount of your past and expected future medical bills, and the effect of the accident on your income. Every personal injury case is different. Therefore, the assistance of an attorney experienced in handling automobile accident cases, is vital to determine the fair value of your personal injury claim.

Conclusion

Injuries suffered in a motor vehicle accident can be catastrophic. Serious and disabling injuries can affect not only the injured person, but family members as well. Even relatively minor injuries that require medical care and result in lost time from work can have a great impact on a family. If you are an automobile accident victim and have specific questions or concerns about compensation for your losses, contact an expert personal injury law firm to assist you by diligently pursuing the individuals or companies that caused your injuries, determining what insurance is available, and maximizing your recovery.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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