When you get in your car to go to work or do an errand, the last thing you expect is to be involved in a collision. Yet, car accidents are much more common than anyone can imagine, resulting in injuries and losses for hundreds of thousands of individuals throughout the country every year.
What types of damages can I collect after a car accident?
The types of damages that can be collected for car accidents tend to cover the following areas:
Medical Expenses
These include doctor’s bills as well as visits to the hospital, medications, treatments, medical devices, physical therapy, and rehabilitation expenses— also, transportation to and from these appointments.
Property Damage
If your car has been damaged and needs to be repaired, if you need to get a rental to move around while you get back your vehicle, or if your car has been totaled, these expenses can also be included in a claim. Also, any other property that might have been damaged, such as items you had in your vehicle during the crash.
Loss of Income
Your injuries may be preventing you from going to work. You may also be facing the possibility of never being able to return to work, depending on the severity and extent of your injuries. This may place you in a financially difficult situation, and the corresponding amount may also be included in your claim.
Non-Economic Damages
Items that may not have a dollar figure attached to them, such as pain and suffering and emotional distress, may also be added to the total you are seeking. And if the court decides that punitive damages should also be awarded, you would receive an additional amount meant to discourage the driver from acting negligently in the future.
Do I still have a right to recover any of these damages even if I am partially at fault for the accident?
If it is determined that your own negligence was a contributory factor in the accident, you are not entitled to all the compensation you would have received if the other driver had been fully responsible for the incident. In states that follow the pure comparative negligence doctrine, such as is the case in Missouri, there would be a reduction in the amount of damages that you would be entitled to. The reduction would be affected by the percentage of fault you had in causing the collision. This means that you would still be entitled to receive some compensation, but not the entire amount you were seeking.
Even if you are found to be 90 percent to blame for the accident, you would still be able to receive 10 percent of the original amount you were looking to receive.
If the insurance company of the other driver claims I was partially negligent, what can I do?
Just because the insurance company holds that you are completely or partially responsible for causing the accident, it doesn’t make it so. This is a common tactic they use to reduce a claim that may be absolutely legitimate. If this has happened to you, retaining a personal injury lawyer is what you need to do. Your lawyer will fight to get you the settlement you deserve and make sure that your legal rights are protected.