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Recoverable Damages After Hammond Car Accidents

State law allows injured claimants to recover damages for both economic and emotional losses after an accident. Economic damages may include the cost of medical expenses, emergency care, physical therapy, medications, and ongoing treatment. Additionally, the cost of repairing a damaged vehicle as a result of a motor vehicle crash may also constitute economic damages. If the cost to repair the damages are more than the total value of the vehicle, this amount may be paid, as well as the cost of a rental car.

If you sustained injuries in a motor vehicle crash that required you to take time off of work, your lost income may be considered monetary damages as well. If your injury becomes a permanent disability and you have to work at a lower wage level because of your inability to perform the same occupation, this is called future lost wages and future impairment of earning capacity. Most past, present, and future lost wages and medical expenses are considered economic damages.

Noneconomic damages differ depending on your situation. Depending on if someone died and your mental state after an accident, your emotional damages may include pain and suffering, loss of companionship, loss of enjoyment of life, and mental anguish. Liability insurance, when there is someone at fault, typically covers all damages that may be recovered.  A skilled attorney can your recoverable damages after a Hammond car accident.

Calculating Noneconomic Damages

Determining the amount of noneconomic damages someone may receive can be more difficult than calculating economic losses. As a general rule, the more serious the claimant’s losses, the more significant the noneconomic damages are.

Factors that the judge or jury may look at to calculate emotional or mental losses are the intensity and duration of the injury. Permanent injuries that last a lifetime may be compensated at a much greater level than those that last for a fixed period of time. An attorney can assess a claimant’s losses and evaluate how much in noneconomic damages they may be entitled to after a car accident in Hammond.

Damage Caps

Assuming that a defendant has the resources to pay for all of an injured party’s losses, there are no damage caps on injury or death cases in Hammond, except in cases against public or governmental bodies. Any agency of government has a cap of $500,000 in noneconomic damages, however, there is no limit on injury or death claims for past or future medical expenses and lost earnings. The noneconomic damages that have a cap of $500,000 may include:

  • Physical pain and suffering
  • Mental pain and anguish
  • Loss of love and affection
  • Loss of society
  • Loss of companionship
  • Disability
  • Impairment of enjoyment of living

Determining Damages for Physical Injuries and Lost Earnings

Besides investigating the liability in a car accident case, a Hammond lawyer may examine the facts surrounding the claimant’s injuries to determine their recoverable damages. A lawyer may work with treating physicians and healthcare providers to obtain information about the:

  • Diagnosis of the claimant’s injuries
  • Prognosis of the plaintiff’s injuries
  • Duration of the claimant’s, including whether they are permanently disabled or impaired

The attorney also may work with the physicians and health care providers to ensure that there is a full investigation of the claimant’s injuries and the extent to which their life may be affected. Legal counsel must gather proof of earnings, medical expenses, and professional opinions to determine the extent of the injured party’s life care plan. A vocational rehabilitation expert, as well as an accountant or economist, may be necessary to determine the present value of future medical expenses and lost earnings.

Consult an Attorney to Learn About Recoverable Damages Following Hammond Car Wrecks

One of the first steps an attorney may take is gathering evidence such as photos of the accident scene, the vehicles involved, and collecting witness testimonies. An attorney may also gather medical bills and records, request expert opinions and earnings records, and prepare demonstrative evidence to explain the extent of the claimant’s injuries to the jury. To learn how an attorney can help you pursue recoverable damages after Hammond car accident, call today.