When lawyers talk about “damages” in a car accident claim, they’re referring to the compensation you can receive for your losses from the crash. Many injured drivers accept less than their car accident claim is worth because they don’t account for all the harm they’ve suffered. However, experienced car accident lawyers know how to maximize their clients’ compensation, so it’s wise to talk to an attorney as soon as possible after a collision.
Types of Compensation in Pennsylvania Car Accident Claims
Pennsylvania is a “choice no-fault” state. That means that when you’re injured in an accident, you turn first to your Personal Injury Protection (PIP) coverage for money for your medical bills and other out-of-pocket losses, up to the policy limits. Additionally, when you purchased your insurance policy, you had to choose either a “limited tort” policy or a “full tort” policy.
Under a limited tort policy, you can seek compensation from the at-fault party’s insurance for medical treatment, lost wages, and other out-of-pocket losses, also known as “economic damages.” However, you can’t pursue compensation for pain and suffering, and other “non-economic damages”, unless your injuries meet one of the exceptions to a limited tort designation. The most common designation that will move you from limited tort to full tort status occurs if you meet the “serious injury threshold” under PA law.
A full tort policy, on the other hand, allows you to pursue compensation from the at-fault party for all your accident-related losses, both economic and non-economic. You could seek compensation for:
- Medical expenses: Your claim can include compensation for the cost of hospital stays, doctor visits, surgery, medication, and physical therapy. To prove these losses, a lawyer can collect your medical bills, treatment records, and testimony from your doctors about your ongoing care needs.
- Lost income: If your injuries keep you from working, you can seek compensation for the wages you miss while you heal. Pay stubs, tax returns, and employer statements can show your regular earnings and the time you’ve lost from work.
- Reduced earning capacity: Severe injuries may limit your ability to return to your prior job or reduce your future career options. Employment records, vocational assessments, and expert testimony can demonstrate how the accident has harmed your long-term earning ability.
- Pain and suffering: These damages can include compensation for the physical pain and emotional stress that result from your injuries. A lawyer can support this aspect of your claim with your medical records, testimony from family or friends, and your own account of how the collision changed your life.
- Scarring or Disfigurement: Often when you suffer severe injuries, you also suffer from very bad scars and/or disfigurement to your body. When this happens, you are entitled by law to recover compensation for those scars and disfigurement in addition to your pain and suffering and other damages.
- Embarrassment and Humiliation: When you suffer severe injuries, it often has the effect of causing you great embarrassment and humiliation. Your life is forever changed, and you no longer can do the things you once did. You may appear differently, you may talk differently, you may get around differently, you may act differently, all of which causes you embarrassment and humiliation. You are entitled to recover for this embarrassment and humiliation in addition to your physical and emotional injuries.
- Loss of enjoyment of life: If your injuries prevent you from enjoying hobbies, sports, or other activities you valued before the accident, you can claim compensation for those losses. Personal journals, testimony from people who know you, and expert reports can help your attorney establish these effects.
- Loss of consortium: In many cases, people hurt in car accidents find that the crash affects their relationship with a spouser. If this happened to you, your spouse may seek compensation for that loss. Statements from you and your spouse, along with expert evaluations, can provide evidence of these losses.
- Property damage: Finally, you can recover the cost of repairing or replacing your vehicle and other personal items damaged in the crash. Repair invoices, receipts, and insurance assessments can provide clear evidence of these losses.
Steps You Can Take To Maximize Your Car Accident Compensation
While your lawyer is an essential ally as you pursue fair compensation after a crash, your actions can also affect the case’s outcome. Here’s what to do to maximize your chances of recovering fair compensation:
- Follow your treatment plan
- Keep detailed records
- Limit social media use
- Communicate carefully with insurers
Taking these precautions can help your lawyer build the strongest possible case on your behalf without worry that you inadvertently did, posted, or said something that could harm your chances of obtaining maximum compensation.
Contact Our Pittsburgh Car Accident Lawyers Now
Let an experienced attorney handle your car accident claim while you focus on healing. You have a limited window to file a lawsuit, and your lawyer can handle the legal process and maximize your claim’s value. Call SMT Legal today or complete our contact form for a free case review.
