Call for A Free Consultation (206) 206-0213
Call for A Free Consultation (206) 206-0213
In this guide you will learn the following:
If you file a claim for compensation, you will hear the term “Damages” used quite frequently. But what are damages, and how do they impact your case? Damages represent a calculation of the harms and losses that you incur due to the negligence of another. In other words, damages are the injuries, the pain, the suffering; all that somebody caused you to suffer when they were negligent in causing an accident.
Yes, it is possible to receive compensation for both physical and emotional damages when you file for a compensation claim. There are two broad columns of damages. In column A, there is what is called economic or special damages. These are the damages and harms that can be substantiated with receipts. They include the following:
The other column is the non-economic or human damages. These include damages for:
Basically, all the trauma that a human being goes through when someone hurts them. You can be compensated for both physical and emotional damages that you suffered.
When you’re involved in an accident, you may need some time off work to heal or even take a day off to visit the doctor. At a time when every cent matters, losing money can be a major concern. Lost income is considered a special damage. It is the income you lose as a result of not being able to work or pursue your work. However, it is not a simple damage to calculate. Although you might be entitled to it, if it’s too complicated, sometimes it is best to leave it out. For example, if you work under the table and you don’t claim your income in taxes, it’s probably best not to try and claim lost income. But if you work for a company and you have to use a bunch of your sick leave, then you should be compensated for that, and that comes in through a lost income claim.
Many accident injuries require additional future medical visits to be treated properly. You may need to have corrective surgery in the future, as well as physiotherapy and other forms of treatment, even after the claim is completed. These treatments are costly and can be a source of concern for you. Fortunately, future medical expenses can be claimed as long as they are provable. That requires expert testimony to discuss the future care you may need if you suffered a permanent injury as a result of the collision.
For example, in an extreme case:
All those future damages and expenses can be claimed. Additionally, you can also claim future non-economic damages representing the lifetime injury that you suffered and the human losses that occur when someone now has to spend the rest of their life dealing with the injury caused by someone who collided with you.
Washington is one of the states that doesn’t impose a cap on pain and suffering damages in car accident claims. This means you can seek full compensation for your non-economic injuries without being limited by the statutory cap.
Injuries from car accidents are not always obvious, and they are not always crystal clear in terms of whether you can see a broken bone on an X-ray. Sometimes, injuries in collisions linger and result in a lifetime of nagging neck pain or require future surgeries and similar issues. The complexity can either be in the fact that most of the symptoms are subjective, meaning the person complains of pain, but it is hard to prove that the pain exists. That can make things complicated because it’s difficult to prove, and insurance companies don’t like to pay for things that are difficult to prove, even though they are real. It can also be complex when dealing with an injury that, over time, is going to become worse as the person ages or may eventually require a knee replacement. I have had cases where a person’s knee will smash into the dashboard, and they are too young for a knee replacement now, but in 20 years, they are going to need one because the damage to the cartilage in the knee is such that they are essentially going to have 20 years of knee pain until they are old enough to receive a knee replacement. That requires expert testimony to put together what is called life care plans. These break down the future medical expenses that will be incurred to treat those injuries. In addition, with the life care plan only providing the special damages, one has to consider the non-economic damages that go along with those lifetime injuries. The ability to present clear evidence and persuasive arguments is what allows someone to obtain a total recovery for future compensation.
For more information on Calculating Damages In King County, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (206) 206-0213 today. Back to Blog