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Braden A. Blumenstiel, J.D. April 15, 2024

If you are unfortunate enough to have been involved in an auto accident that wasn't your fault, you may have sustained a wide variety of damages for which you are entitled to receive compensation. The categories of types of damages are as follows:

1)      Special or Economic Damages

2)      Pain and Suffering Damages

Special or Economic Damages

Special or Economic Damages are types of damages that can be quantified. They are damages you can attribute a specific dollar amount to through things such as:

  • Receipts,

  • Cost of repair estimates, and

  • Lost wage documentation.

    Medical expenses, vehicle property damage, and lost wages (due to missing work) are common types of special or economic damages.  

Medical Expenses

Medical expenses are one of the most common types of damage someone sustains as a result of being in a car accident. Injuries sustained in a car accident must be treated, and that medical treatment costs money. Medical bills sustained as a result of being in an auto accident can cost anywhere from a few hundred dollars to hundreds of thousands (or even millions) of dollars.

The following are some of the medical expenses you could incur following a car accident:

  • Surgical costs

  • Hospital bills

  • Diagnostic testing bills

  • Prescription medication expenses

  • Doctors’ bills

  • Physical therapy

  • Ambulatory costs

  • In-home medical care

  • Medical equipment costs

  • Ambulance fees

  • Consultations with healthcare professionals

Vehicle Property Damage

Following a car accident, your vehicle may be damaged to a point where repairs or a replacement are necessary. Negligent behavior from the at-fault party caused this property damage, and they can be held liable for it. These damages are often included in personal injury claims.

Lost Wages

An injury due to a car accident can cause a person to miss work due to a variety of reasons. Perhaps they can't physically work or they need to miss work due to medical appointments, surgeries, etc. You are entitled to compensation for any work you missed as a result of the injuries you sustained in the accident.

Lost Earning Potential

If the injuries someone experiences in an auto accident are severe and permanent, the victim may never be able to return to their previous job. Some people are never able to return to any form of employment after an auto accident. Under such circumstances, the victim is entitled to compensation for future income they will lose as a result of the accident.

To obtain compensation for future lost earning potential, you must prove the injuries prevented, impaired, and/or diminished your ability to earn money in the future. Medical testimony may be required to prove a lost future earning potential claim. When determining lost future income to which an auto accident victim is entitled, a jury will consider factors such as the victim’s:

  • Age

  • Occupation

  • Prior earnings

  • Skill

  • Experience

  • Life expectancy

  • Other potential earning opportunities

Pain and Suffering Damages

Pain and suffering damages are legally defined as mental or physical distress for which one may seek damages in a lawsuit. These damages vary based on the:

  • Type of injury,

  • Severity of the pain,

  • Frequency of the pain, and

  • Prediction for future pain associated with the injury.

In contract to “special damages” or “economic damages”, pain and suffering damages cannot be easily proven with written receipts. Also, they cannot be quantified by assigning a specific dollar amount to them. These types of damages represent the psychological, emotional, and cognitive damage that accompanies being injured in an accident.

Pain and suffering damages include physical pain experienced due to bodily injuries sustained in the accident. It also includes mental anguish and/or emotional damage stemming from the incident, such as anxiety or stress. The person may be unable to partake in activities they used to love to do. Senses of sadness, depression, and loneliness one experiences when they can't engage in physical activities with their family anymore are examples of pain and suffering damages.

A car accident can cause severe pain and suffering and affect the way you live your life, the ease of everyday tasks, and your mental health. Pain and suffering damages don’t have a dollar amount that can easily be attached to them, but they are real damages that result from being injured in an accident, and you deserve to be compensated for them.

The following are some of the non-economic damages you can pursue compensation for in a car accident claim:

  • Pain and suffering

  • Loss of enjoyment of life

  • Mental anguish

  • Loss of consortium - refers to deprivation of the benefits of a relationship, usually between a husband and wife or a parent and minor child, including household duties, caregiving, companionship and intimacy.

  • Loss of companionship

If you have been the victim of a car accident and have suffered injury and damages as a result, you are entitled to full compensation. Our attorneys at DuPont and Blumenstiel have extensive experience representing victims of car accidents and are ready to pursue your claim and obtain all of the compensation you deserve. If you would like more information about your legal options, please call our office at 614-389-9711.

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The law gives Braden a pragmatic way to solve problems using his background in clinical psychology. He is a talented presenter in the courtroom, as he understands how to effectively question witnesses and relay information. He specializes in vaccine injury, personal injury, probate litigation, and business law, and has been recognized for his work by SuperLawyers.