When someone gets injured in a car wreck, they may be able to claim monetary damages if the accident occurred due to another driver’s negligence. The purpose of damages is to put the injured party back in their original position before the accident, or in legal terms, “to be made whole again”.
If you sustained injuries after a car wreck, you should speak with a skilled car collision attorney. They can evaluate your Manchester car accident damages based on your circumstances and work to pursue fair compensation for your losses.
Economic damages are meant to compensate an injured victim for any out-of-pocket expenses. An attorney could assess an injured plaintiff’s case and determine how much in economic damages they may be entitled to based on the severity of their injuries. Some of the common damages an accident victim may receive after a Manchester car accident may include:
- Medical bills
- Lost wages
- Payments for medicine
- Payments for other medical supplies and devices
- Loss of earning capacity.
Non-economic damages may not be easily quantifiable as other types of damages. Non-economic damages may include losses such as:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress.
A judge or jury calculates non-economic damages after a car accident in Manchester by comparing a plaintiff’s losses in one to another’s losses in a similar case. A judge or jury may use similar verdicts in an area, similar results or internal data, and other settlement values to evaluate intangible damages.
The law establishes that a plaintiff’s compensatory award should equal their loss. If someone suffers a significant loss, they may receive higher compensation. For instance, if one accident victim lost weight and suffered some anxiety, their compensation may be lower than someone was left paralyzed after their accident. Lawyers and insurance companies look at all the factors involved in the case when determining its value.
Punitive damages are designed to punish a defendant and judges only award them in cases where the actions of the defendant were particularly egregious or intentional. A plaintiff may receive car accident punitive damages in Manchester when the defendant:
- Drove while intoxicated
- Used their cellphone
- Violated traffic laws, such as speeding or reckless driving
- Drove with intentional misconduct
Punitive damages may not be assessed during an injury accident case. Therefore, an accident victim should contact an experienced attorney to investigate their case and to explain why their situation warrants an award of punitive damages. One of the options that a judge may give when awarding punitive damages would be double or treble the non-economic and economic damage awards by multiplying them by two or three. It is important to note that compensatory damages are calculated by a jury, and it would be at a judge’s discretion to calculate a punitive damages award.
What Damages Does an Auto Insurance Policy Typically Cover?
An accident victim’s auto insurance may have something called Med-Pay, which pays medical bills immediately after an accident, regardless of fault. Their own insurance may also provide underinsured motorist protection, which means that if the driver who hit them had inadequate insurance or no insurance, their personal insurance may cover their losses.
Role of an Attorney in Recovering Damages After Manchester Car Accident
An attorney could protect a plaintiff’s compensatory award by preventing them from giving statements to insurance companies that could be used against them and jeopardize their compensation. Once retained, an attorney may start immediately investigating by getting witness statements, looking at the police report, and preserving any evidience in the case.
An attorney could answer questions about the process and handle legal obstacles for the injured plaintiff so they can get the medical treatment they need. A lawyer also could issue a letter of protection that allows someone who does not have insurance or has inadequate insurance to get treatment for their injuries. To pursue your Manchester car accident damages, schedule a case consultation today.