Compensatory Awards In Auto Accident Claims

Posted on: 29 July 2021

Depending on the accident's severity, victims may end up losing their vehicles, their lives, or that of a loved one. Sometimes the medical bills can be hefty and strain a family to the point of poverty. Thus, personal injury claims allow victims of an auto accident to recover compensation provided they can demonstrate that the defendant's negligent conduct resulted in the accident. Demonstrating negligent conduct is a complex legal process. Collecting evidence, independent medical reports, and expert witnesses requires the legal expertise that an auto accident lawyer possesses, making them the most qualified legal representative in personal injury claims. Below are a few examples of compensatory awards that claimants may receive following an auto accident.

General Damages

As the name suggests, general damages offer compensatory relief to auto accident victims for any 'general' injuries standard in most accidents. General damages typically provide recompense for non-monetary damages such as mental distress, loss of consortium, and pain and suffering. Auto accident lawyers know that general damages are standard in any personal injury claim and can structure a claim with the relevant evidence to justify the claim for general damages. The auto accident lawyer collects relevant evidence like independent medical evaluations and expert witnesses who testify to help claimants succeed. Thus, claimants seeking general damages should enlist the services of auto accident lawyers.

Wrongful Death Damages

If an auto accident victim dies, their surviving family members are entitled to legal recompense. A family may lose its sole or main breadwinner in a road accident, which jeopardizes its financial future. Thus, wrongful death compensation covers burial and funeral expenses, offsets any medical bills left after the victim dies, and compensates the family for the loss of financial contribution. An auto accident lawyer must demonstrate that the defendant acted negligently and caused a road accident that resulted in the victim's death. It is only after establishing the defendant's negligence that claimants may receive their compensation.

Punitive Damages

Usually, punitive damages are not granted as compensation to the plaintiff but rather as punishment to the defendant. The court grants punitive damages where it is apparent that a defendant acted intentionally or grossly negligent in causing the auto accident. Actions such as speeding above the speed limit or drunk driving can contribute to a defendant's grossly negligent conduct, warranting punitive damages. An experienced auto accident lawyer relies on their expertise from years of practice to prove grossly negligent conduct on the defendant's part. Thus, auto accident victims should retain an auto accident lawyer who can pursue compensation on their behalf or punitive damages against defendants.

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