Kirk Bernard Provides 6 Pointers On What Kind of Compensation Auto Accident Victims Can Expect
Kirk Bernard
October 28, 2009
An auto collision can happen in a matter of seconds, but the impact of catastrophic injuries that result can last for years, if not for the rest of an injured victim´s life. It is understandable and quite common for those injured in car accidents to not be familiar with their legal rights or options for compensation when it comes to holding responsible motorists accountable for their actions. Here are 6 pointers to help you become more familiar with the different kinds of compensation that auto accident victims may be able to receive.
1. Injuries and Compensation
In general, an individual injured in a Washington 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. Often, litigation involving motor vehicle accidents is extremely complicated. Retaining the help of a skilled injury lawyer who has experience handling motor vehicle accident damages will put you in the best position to receive the recovery you deserve, no matter how complicated or contentious.
2. Damages
As in all negligence cases, the injured party in automobile accident cases 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 include future medical bills that are reasonably certain, loss of enjoyment of life, and physical property damage. The injured party may also recover damages for re-injuring or aggravating an 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 if appropriate, his or her immediate family.
3. Family Member's Damages
The spouse of the accident victim may also be able to recover for damage or loss to the marital relationship. The claim is typically brought by both the husband and wife, and 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.
4. Insurance
Usually, an insurance company will compensate the victim for his or her 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.
5. Recovery Amount
There are many factors which affect the value of an automobile accident. These include who is 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. It is important to remember that every personal injury case is different.
6. Conclusion
Sadly, injuries received in a motor vehicle accident can be catastrophic. Family members and other loved ones are also affected by the serious and disabling injuries a person may suffer in an automobile accident. 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 skilled Washington personal injury attorney, Kirk Bernard, at the Bernard Law Group. Mr. Bernard and his legal team are experienced, aggressive, and devoted exclusively to representing injury and accident victims.
1. Injuries and Compensation
In general, an individual injured in a Washington 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. Often, litigation involving motor vehicle accidents is extremely complicated. Retaining the help of a skilled injury lawyer who has experience handling motor vehicle accident damages will put you in the best position to receive the recovery you deserve, no matter how complicated or contentious.
2. Damages
As in all negligence cases, the injured party in automobile accident cases 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 include future medical bills that are reasonably certain, loss of enjoyment of life, and physical property damage. The injured party may also recover damages for re-injuring or aggravating an 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 if appropriate, his or her immediate family.
3. Family Member's Damages
The spouse of the accident victim may also be able to recover for damage or loss to the marital relationship. The claim is typically brought by both the husband and wife, and 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.
4. Insurance
Usually, an insurance company will compensate the victim for his or her 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.
5. Recovery Amount
There are many factors which affect the value of an automobile accident. These include who is 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. It is important to remember that every personal injury case is different.
6. Conclusion
Sadly, injuries received in a motor vehicle accident can be catastrophic. Family members and other loved ones are also affected by the serious and disabling injuries a person may suffer in an automobile accident. 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 skilled Washington personal injury attorney, Kirk Bernard, at the Bernard Law Group. Mr. Bernard and his legal team are experienced, aggressive, and devoted exclusively to representing injury and accident victims.
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