What are Recoverable Damages in an Auto Accident?

By Staff Writer

Car accidents are incredibly stressful situations, especially if you suffer a serious injury.

You can choose to sue an individual for your injuries after an accident. This is known as seeking compensation for damages. The type of damages received varies depending on the nature and extent of the injuries sustained.

Compensatory and punitive damages are the two main categories of damages that an injured party may be awarded.

Compensatory Damages

Compensatory damages are given for vehicle damage, lost income, pain and suffering, as well as other losses. Anyone who has been injured in an accident can sue for these damages, including a driver, passenger, pedestrian, bicyclist or motorcyclist.

Punitive Damages

In rare cases, punitive damages are awarded in addition to compensatory damages. Punitive damages are required as a punishment for certain reckless driving behaviors or if an injury occurs as a result of a manufacturer’s faulty vehicle design.

Most car injury cases are settled out of court, but in the event that your case does go before a jury, the members will determine if the defendant is guilty and for how much they are liable regarding the damages from the car accident. The jury will also decide if there is a third party at fault or if the plaintiff had any part in causing the accident.

Lawyers.com lists several questions that a jury may ask before making a determination.

• How much were the plaintiff’s medical bills?
• How much income did the plaintiff lose?
• Will there be future medical costs required for the injuries from the accident?
• Will the injuries affect the plaintiff’s future employment?
• Is the plaintiff temporarily or permanently disabled as a result of the accident?
• Is the plaintiff experiencing anxiety or psychological distress due to the accident?

If you have been injured in a car accident and are considering suing for damages, speak with a qualified Tennessee auto accident attorney at Gilreath & Associates. We can help guide you through this difficult situation.

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