What Damages Can An Accident Lawyer Recover For His Or Her Clients?

By Author: James Wilkens
Total Articles: 20
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If you have been hurt in an accident you may be able to recover compensatory damages, which are damages that, if paid, would put you in the same or similar position you were before the accident. Compensatory damages are usually split into monetary and non-monetary losses. Here are some examples of both types of losses that an accident lawyer can recover for his clients:

* Medical expenses – these are considered monetary losses since damages here (in this case medical or hospital bills) can be calculated. Your auto accident lawyers can help with all the necessary paperwork early in the case to make sure all of your medical, hospital and other health care benefits are paid. Further down the line, if there is a need for continuing health treatment or rehabilitation, the future costs can be calculated based on the client’s life expectancy. Typically in New York, a person’s no-fault portion of his auto insurance policy provides for up to $50,000.00 in medical benefits. It sounds like a large number but if the client requires more than one surgery, the cost can quickly rise to the maximum amount.

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... Lost wages – another type of a monetary loss where the person’s lost income can be calculated based on his previous earnings. If the person is totally disabled due to an accident, his accident lawyer , working together with an economist and comparing the client’s prior earning capacity, life expectancy and other variables, arrive at the amount of damages to claim as client’s lost wages from the defendant. For more temporary type of disability the client’s no-fault provider will pay 80% of gross wages or $2,000.00, whichever is less. 

* Replacement or repair of damaged property – here the client seeks to recover for loss of use of a vehicle, which was damaged or totaled as the result of an accident. The loss is monetary and can be calculated based on auto adjuster’s estimate of the damage, coupled with a degree of fault assigned to each party involved in the occurrence. The client may also be reimbursed for rental and storage expenses, as well as towing charges.

* Loss of services and consortium – there are considered non-monetary damages and are generally harder to value, since spouses may receive money for the emotional element of a marriage, such as loss of affection, society and companionship. These damages can also be recovered by parents, as in cases where a child has been killed or injured in an auto accident. A car accident lawyer is experienced in evaluating each case based on the facts presented and can ascertain whether the parent or spouse’s claim will be viable.

* Pain and Suffering – this is hardest non-monetary damages to calculate, since every person is unique as are his or her injuries. An accident lawyer helps his clients recover not only for the physical pain suffered due to an accident, but also for the emotion distress, such as loss of enjoyment of life, fear of driving, frustration at the slow rate of recovery and other things that arise after the person suffers a serious injury.

When you or a loved one suffers an injury as a result of someone else's negligence, you have the right to recover monetary damages. Although money alone will never truly compensate you for the injuries you receive or for the loss, the purpose of personal injury law is to try to restore you, or get you as close as possible, to the condition you were in before the accident. Since money is the only legal remedy available in these difficult situations, you should receive monetary damages to compensate you for your loss. Accident lawyers are experienced in assessing damages and know what type of a settlement or award you can expect in a settlement or from a jury.

Duffy & Duffy one of the preeminent Medical Malpractice Law Firms provides legal counsel to victims of medical malpractice and negligence with unparalleled results. An accident lawyer with our firm is experienced in handling a variety of such cases, where accident can be caused in either traumatic or non-traumatic fashion.