Victims of a car accident are often entitled to recover compensation for the damages they suffered in an accident. These are broken down into three categories: economic, non-economic, and punitive. There are no caps on the amount of these damages unless the defendant was operating on behalf of a state or federal government entity.
If you were the victim of an automobile crash, speak with a qualified Boca Raton car accident attorney about potential damages. The attorneys at Kogan & DiSalvo could fight on your behalf to ensure you receive the compensation you need for your injuries. Call today to set up a consultation and get started on your case.
Economic damages usually fall into three categories. First is property damage and diminished value of the victim’s car. Typically, this is handled very early on, and the insurance company pays to fix the car.
Other common economic damages are medical expenses. These include all past medical expenses related to and reasonably caused by the crash. Additionally, Boca Raton car accident damages can include all medical treatment costs that are reasonably likely to be incurred in the future.
Finally, economic damages can include lost wages. This amount can include both past lost wages and likely losses in the future.
Non-economic damages are the types of damages that are more subjective, including:
- Continuing pain and discomfort
- Limitations in the use of a person’s body
- Pain and suffering
- Loss of enjoyment of life
Pain and suffering encapsulates all other types of injuries to the person physically and emotionally. There is no formula for non-economic damages. The jury must try to figure out what is a reasonable amount on a case-by-case basis, depending on the severity of the injury and disability.
An attorney calculates these Boca Raton car accident damages by seeing what is going on in the courthouse, what the jurors are doing, and what kinds of awards were previously given for pain and suffering. If litigation is ongoing, the victim and their attorney go to trial and ask the jury for a specific dollar amount award for pain and suffering in non-economic damages.
Punitive damages are damages which are assessed against the at-fault party for doing something egregious. This can include drunk driving, distracted driving, or other conduct that places the victim and the community as a whole in danger. The action has to be more than just negligence because punitive damages are assessed to punish the wrong doer. Punitive damages are almost always not covered by insurance, so the defendant will be paying out of their pocket.
Role of the Insurance Company
The at-fault driver’s insurance company should be covering the damage the defendant caused to the victim’s car. Bodily injury insurance will pay for the permanent injuries sustained by the injured party. Doctors need to render opinions, and once the opinion of a permanent injury is solidified, the victim can seek all the damages other than punitive damages.
Role of a Boca Raton Car Accident Attorney
The attorney’s role is to make sure that all the claims are set up, provide the insurance companies all the information they need, make sure that the client has received the proper medical attention, and provide the proper documentation to substantiate that they have a permanent injury. The lawyer is the quarterback of the process, and if the client does not get better, they have everything set up to get compensation by way of settlement or trial.
If you need assistance seeking Boca Raton car accident damages, get in touch with a qualified personal injury lawyer as soon as possible. The compassionate legal team at Kogan & DiSalvo has years of experience fighting for justice on behalf of victims. They understand how to negotiate with insurance companies and present a well-documented case at trial. Call today to discuss your case.