- October 7, 2022
Damages are a crucial part of accident settlements. Most of the clients we represent have been involved in some sort of motor vehicle accident. Usually, it’s a car accident. And these accidents typically leave our clients with rather serious injuries. By the time they come to see our Greenville car accident lawyers, their insurance claims have already been denied. It’s our job to convince the insurance carrier to pay our client’s claim. If that doesn’t work, we have no problem filing suit on behalf of our clients.
The whole reason we file a lawsuit against the other driver is so we can get damages for our client. Therefore, it’s not surprising that the first question many of our new clients ask is how much their case is worth. Some clients who are familiar with a little legal lingo as us what kinds of damages we can demand on their behalf. This is perfectly understandable. If someone smashed into my car and hurt me and my family, I would want justice too. And since justice usually comes in the form of compensation, it makes sense that our clients would want to know what their case is worth.
Here, we’ll discuss the different types of damages you can demand in your car accident lawsuit. We’ll also explain how your accident attorney in Greenville will prove these damages. If you still have questions about your own case, give us a call. We’ll schedule an appointment for you with one of our seasoned Greenville car accident lawyers right away.
Your Greenville Car Accident Lawyer Must First Prove Fault
Before you get excited about damages, your Greenville car accident lawyer must first prove fault. This means they must prove that the other driver was negligent. To do this, your attorney must demonstrate the following:
- The defendant owed you a duty of care
- They breached this duty
- You were injured
- Your injuries were directly caused by the defendant’s breach of duty
If your accident attorney in Greenville can prove all four elements of negligence, they’ll be able to move on to proving damages. It’s important to keep in mind that your lawyer can only demand damages for injuries you’ve actually suffered. For example, if the only medical issue you suffered was whiplash, don’t expect to get more than a few thousand dollars (at most.)
Your Accident Attorney in Greenville Will Demand Compensation for Any Medical Bills You Accrue
One of the most common types of damages we demand for our clients are medical bills. The defendant should be liable for any out-of-pocket expenses related to your medical care. In addition, they will have to reimburse your primary health insurance provider for any monies they already spent. While you’re still pursuing the defendant and their insurance company for damages, your private insurance company will cover your medical care. However, they will expect to be fully reimbursed once your case settles. In fact, if you didn’t sue and decided to just chalk it up as a loss, the insurance company can sue instead. They will sue in their own name on your behalf since, technically, they did suffer a loss as a result of the accident. The fact that you chose not to pursue legal action shouldn’t prevent them from recovering reimbursement.
You Can Also Demand Damages for Lost Wages and Lost Future Income
Another type of damages we demand on behalf of many of our clients is lost income. There are two different types of damages for lost income. The first one is meant to cover lost wages for any time you missed from work in relation to the crash. Your Greenville car accident lawyer can submit a copy of your payroll records and pay stubs to show much money you’ve lost.
The second type of lost income is lost future income. If your injuries were so serious that you can no longer do the same kind of work, you’ll be entitled to damages for lost future income. This is equal to the difference between what you would’ve earned had you not been hurt and what you’ll actually earn going forward. Whatever this difference is, you can multiply by the number of years you would’ve continued to work. Attorneys use 65 as the age of retirement for the purpose of calculating damages for lost future income.
Of Course, Your Greenville Car Accident Lawyer Can Demand Property Damage
If your car or SUV was injured in the crash, you can always demand compensation to get it fixed. If your car was totaled in the crash, you’ll be able to demand compensation equal to the fair market value of your car at the time of the accident. Your accident attorney in Greenville will submit copies of your mechanic’s bills to show how much it cost to fix your car. If the car was destroyed, you should have a confirmation of this from your insurance company. You would include a copy of this with your initial complaint to justify damages.
Most Accident Victims are Entitled to Pain and Suffering
Finally, if you’re like most of our other clients, you’ll be entitled to damages for pain and suffering. These are meant to compensate you for any mental or physical anguish you suffered. While they can be difficult to determine, they usually make up a lion’s share of your total damages.
Let Your Accident Attorney in Greenville Handle the Legal Side of Things
If you were recently injured in a car accident, you may be entitled to certain damages. The only way to know for sure is to meet with an experienced accident attorney in Greenville. Our associates have been specializing in car accident cases for years. They know the law and they know how to best negotiate with the insurance companies. As long as your case has merit, your Greenville car accident lawyer will do their best to get you the compensation you deserve.
Since we offer all new clients a free, initial consultation, you should contact our office. Ask for a date and time that works for you and we’ll get you in to meet with an esteemed legal professional in our office. If your case has merit, your attorney may be willing to represent you. If, however, your case does not have ample evidence to support your claim, they will let you know. We would rather be upfront and honest with you rather than give you hope unfairly.
Since we offer a free, initial consultation, you have nothing to lose.
