Have you been involved in an automobile accident and sustained personal injuries as a result? Did you know you may recover for your medical expenses, lost wages, loss of earning capacity, intangible losses and loss of consortium?
For medical expenses, you may recover the costs for medicine, medical attendance, hospital expense and care, and nursing. Also, if you are going to require future medical procedures due to the injury-causing event then you may recover future medical expenses. Types of future medical expenses include the cost of any medically necessary attempt to heal or improve any injury or disfigurement. If you were employed at the time of the accident and had to miss work due to the injuries you sustained from the accident you may also recover lost wages. The amount of loss wages is determined according to the amount lost before trial. Loss of earning capacity may also be recoverable where the plaintiff can show the extent of the injury and how it will reduce future earning power. Intangible losses include pain and suffering and emotional/mental distress. There is no set formula for the recovery of pain and suffering; the jury determines the amount of damages to be awarded for pain and suffering. Loss of consortium includes the loss of services of a spouse as well as the loss of love and companionship.
Suppose you are involved in an automobile accident with a drunk driver. In addition to the remedies already mentioned, you may be able to recover punitive damages. Punitive damages are awarded where the plaintiff can show the defendant’s actions were malicious, wanton, willful, or in reckless disregard of the plaintiff’s rights. Driving while intoxicated is negligence per se and typically gives rise to punitive damages. You may also recover punitive damages where the at fault party was driving at an excessive speed or was driving a vehicle with the knowledge that the vehicle was in poor condition.
Filing a claim with your insurance company is not the only way to recover your damages. With an attorney, you can sue the at fault party personally to recover the additional damages you suffered such as the ones mentioned above: medical expenses, lost wages, loss of earning capacity, intangible losses and loss of consortium. Since damage awards can vary, you need a competent attorney on your side to ensure you recover the maximum amount of damages. Daniel Selwa is a personal injury attorney in the Myrtle Beach area who is experienced in handling personal injury cases. Call him today to set up your free consultation.