After experiencing the pain and devastation of an Everett car accident, many victims and their families are left wondering about the kinds of damages they can claim as a result of the incident. Personal injury attorneys, such as those here at Russell and Hill, PLLC, can assist victims and their families in compiling a list of damages, calculating a value to associate with each item on the list, and filing a claim with the insurance company for the at-fault party.
If the at-fault party is uninsured or does not have enough insurance to cover all of the victims claimed damages, a qualified attorney can file a claim with the victim’s own insurance carrier as well. This type of claim is known as an uninsured or underinsured motorist claim, and the victim’s own insurance company “steps into the shoes” of the at-fault party in order to cover all claimed damages.
There are a number of damages that may be included when calculating the value of a claim for injuries. These damages fall into two categories: special damages and general damages.
Special damages are expenses with a set cost or have a specific or known value. These damages are normally what people think of when filing a claim. There are a number of expenses and costs that fall into this category of damages.
There are many medical expenses that qualify for compensation. Medical expenses are typcially the largest of the special damages. Some of these costs include:
- ambulance fees
- emergency rooms expenses
- inpatient hospital stays
- all medical consultations, imaging (such as x-rays and MRI’s), surgeries and procedures
- physical therapy or cognitive therapy
- chiropractic treatment and massage therapy
- accessories, such as crutches or wheelchairs
- all other medical bills
- in-home services
With the help of a qualified car accident attorney in Everett, many victims have been granted full reimbursement for the medical expenses incurred by their injuries, enabling them achieve optimal recovery.
If an injured driver or passenger is required to take time off work due to their injuries, a personal injury claim can help victims find compensation for their unearned wages during that time. The inability to perform in a work environment must be caused directly by the injuries sustained in the auto accident.
Loss of Earning Capacity
Many drivers or passengers are so severely injured in car accidents that they can lose their capacity to earn a living. Ultimately, an attorney must prove that the injuries suffered by the victim are impairing or diminishing their ability to provide for themselves and their dependants. This claim will need to take into account the victim’s age, life expectancy, occupation, marketable skills, and occupational experience before an accurate estimate may be established.
Any damage done to your property as a result of the accident can also provide reasonable grounds for compensation. The expense of these items is measurable, giving the cost of replacing or restoring these items a standard price tag.
General damages are injuries or expenses that result from the accident, but are subjective, without specific means of calculating a dollar amount. There are several forms of general damages that can be pursued by injured victims or their families.
Pain and Suffering
A pain and suffering damage can fall into two different categories: physical and emotional. There are different ways to analyze and measure the extent of the suffering to determine an amount of compensation to be owed.
Physical pain and suffering is usually directly linked to the injuries the individual sustained in the accident. The victim can be forced to endure incredible pain, depending on the kind of injury, its severity, and the treatments required to restore the victim’s original capabilities. Compensation for this physical pain will be included in the damages listed in the personal injury claim.
Pain and suffering can also include mental or emotional trauma that is manifest in anxiety and stress for the victims. Calculating a compensation rate for this kind of damage is subjective, and may require a psychological analysis of the type of injury, the severity of distress, and how it may impact the victim in the future.
Loss of Affection or Companionship
The loss of affection or companionship may be filed by individuals with spouses who were either killed or injured as a result of the accident. Spouses can claim a loss of consortium if the injuries caused by the accident are hindering a couple’s ability to show physical affection. These damages are claimed by the uninjured spouse.
A severe auto accident or other incident can sometimes result in the loss of a loved one. A wrongful death claim can be filed by the estate of the victim as a way to represent the deceased and pursue compensation for the loss to family members and beneficiaries. Our qualified and experienced wrongful death attorneys can help you prepare and file a wrongful death claim.
If you or a loved one has recently been involved in an Everett auto accident, contact one of our trained attorneys. At Russell and Hill, PLLC, our auto accident attorneys are skilled, educated, and passionate about defending your claim. For more information about how we can assist you in locating full and fair compensation, contact us today.
Russell & Hill, PLLC Everett Law Firm
3811-A Broadway Everett, WA 98201