Though car accidents are common events, each one has tremendous impacts on the individuals involved. During your lifetime, you may have already been involved in one or more crashes that left you shaken or injured. Unfortunately, no matter how many times this happens to you, dealing with the aftermath does not get easier.
In fact, if you have been in a recent accident in which you suffered serious injuries, you may find yourself in one of the most difficult predicaments of your life.
If someone else caused the car accident that led to your serious injuries and the resulting damages, you may have reason to file a personal injury claim against that person. This type of legal action could help you seek compensation for allowable negative impacts stemming from the crash. In particular, you may have the ability to pursue recompense for two types of damages, including:
- Special damages, which refers to specific — generally monetary — damages suffered
- General damages, which refers to noneconomic or non-monetary damages
Dollar amounts typically are easier to determine with special damages. For instance, if you lose income due to time away from work, you could calculate the exact amount lost, or if you accrue medical expenses, you can use your bills to add up the amount owed.
On the other hand, general damages can be difficult to calculate. These damages involve resulting issues like mental and emotional distress, pain and suffering, loss of companionship and other less tangible damages. However, the court will determine an amount to go along with these damages if a case is successful.
Calculating general damages
Because it can be difficult to come to an appropriate amount of compensation, the court will take various aspects of your claimed general damages into consideration, such as:
- Recovery time
- Ongoing consequences
- Severity of the injuries
- Location of the injuries and lasting scarring
- Amount awarded for special damages
If you or a loved has been injured in an accident, contact an attorney who has experience with this area of the law.