If you have been injured in an accident, you may be able to file a personal injury claim against the responsible party to recover compensation for your medical bills, lost wages, and other damages. A vital element of any personal injury claim is proving economic and non-economic damages. While an experienced lawyer will assist you with this, it’s still important to understand the basics so you know what evidence to keep track of and how to best advocate for yourself. Contact The Knowles Law Firm today to schedule a free consultation.
What To Do After a Car Accident
After a car accident, it is important to stay calm and take certain steps. Taking the following actions is recommended:
Assess the Situation
The first thing you should do after a car accident is assess the situation. Determine if anyone is injured and whether the vehicles are blocking traffic. If your vehicle is blocking traffic, turn on your hazard lights and wait for help to arrive. If anyone is injured, call 911 immediately. Do not try to move an injured person unless they are in immediate danger.
Gather Information
Once you have assessed the situation and ensured everyone is safe, you’ll need to gather information. Exchange insurance information with the other driver involved in the accident. You’ll also want to get the contact information of any witnesses who saw the accident. Take pictures of the damage to both vehicles and any visible injuries. It’s essential to have this documentation in case you need to file an insurance claim or pursue legal action.
Consult With an Experienced Personal Injury Attorney
Finally, you should always speak with an experienced Fremont personal injury attorney to discuss your options. You may consider doing this even before you talk with the insurance company, as they will often try to take advantage of you by offering very low payouts when they know you’re likely entitled to more.
What Kind of Compensation is Available in a Car Accident Claim?
If you’ve been in a car accident, you may wonder what kind of compensation is available to you. The answer depends on several factors, including the severity of your injuries, the insurance coverage of the person who caused the accident, and whether you were partially at fault. The most common categories of compensation you can receive are economic and non-economic damages.
Economic Damages
Economic damages are intended to reimburse you for the financial losses you suffered due to the accident. These include medical bills, lost wages, and property damage. If you were not at fault for the accident, you might be able to recover all your economic damages from the person who caused the accident or their insurance company. However, if you were partially at fault for the accident, your recovery may be reduced by your degree of responsibility. For example, if you are found to be 20% at fault for an accident that resulted in $10,000 in damages, your recovery would be limited to $8,000.
Non-Economic Damages
Non-economic damages are intended to compensate you for the non-financial losses you incurred due to the accident. These can include things like pain and suffering, emotional distress, and loss of enjoyment of life. Unlike economic damages, which have a clear monetary value, non-economic damages do not have a set value.
Proving and Calculating Your Economic Damages
If you’ve been wrongfully injured in an accident that was not your fault, you may be entitled to receive financial compensation for your damages. There are a few different ways to prove the value of your economic damages in a personal injury case. The first is through your medical bills. You’ve probably accrued a fair amount of medical debt if you’ve been injured. This could include doctor’s appointments, hospital stays, surgeries, physical therapy, medication, and home health care. To be compensated for these expenses, you’ll need to provide copies of your bills to your attorney.
You’ll also need to prove the value of any wages you’ve lost as a result of your injury. You can calculate this lost income by considering the number of days or weeks you missed from work, your hourly wage or salary, and any vacation or sick days you used during that time. If you’re unable to return to work at all because of your injuries, you may be able to receive compensation for future earnings as well.
Lastly, if you experienced any property damage as a result of the accident that caused your injuries—such as damage to your car—you’ll need to provide documentation of the repairs you need to be compensated for.
Calculating Non-Economic Damages in Nebraska
In Nebraska, there is no mandatory way a judge or jury must determine non-economic damages. However, two of the most common methods used to come to a decision are the multiple method and the per diem method.
The Multiple Method
The multiple method is the most commonly used method for valuing non-economic damages. Under this method, the total value of economic damages is multiplied by a number between 1 and 5, depending on the severity of the injuries. The more severe the injuries, the higher the multiplier. If the total value of economic damages is $10,000 and the injuries are considered moderate in severity, a multiplier of 2.5 might be applied. In this case, the total value of non-economic damages would be $25,000 ($10,000 x 2.5).
The Per Diem Method
The per diem method is less commonly used than the multiple method, but it may be more appropriate in some instances – particularly for short-term injuries. Under this method, a daily rate is assigned to the victim’s non-economic damages based on their injuries. Then it is determined how many days it’s approximated that the victim will experience their pain and suffering. For example, if the victim is unable to work or engage in activities they enjoy due to their injuries, they will be awarded a certain amount per day for their lost wages and loss of enjoyment of life, and it will then be multiplied by the number of days it is expected to last.
Choose The Knowles Law Firm
If you need assistance with a car accident claim, the attorneys at The Knowles Law Firm are here for you.
- We have been practicing law for more than 30 years.
- We specialize in personal injury claims, so we have handled countless car accident claims.
- We have an excellent reputation with our adversaries and the court system, so when you hire us, defendants know you’re serious.
If you were in a car accident and have questions about a potential claim, don’t hesitate to contact us today to schedule your free consultation.
