When you have a car accident lawsuit in Alabama, calculating the damages you are entitled to recover is a critical step toward recovering the financial compensation you deserve. The insurance companies are not going to calculate your damages for you. To the contrary, they are going to try to settle your lawsuit for as little as possible.
Damages in car accident lawsuits broadly fall into three categories: (i) economic damages; (ii) non-economic damages; and, (iii) punitive damages. Economic and non-economic damages are available in all cases. Punitive damages are only available in limited circumstances.
Economic Damages in a Car Accident Lawsuit
Economic damages provide financial compensation for the out-of-pocket losses that car accident victims incur as a result of their injuries. In a typical car accident lawsuit, economic damages will include:
Medical Bills
Car accident victims are entitled to damages covering their medical bills resulting from the collision. This includes the costs of diagnosis, treatment, rehabilitation, and therapy, and it is true even if you have a pre-existing condition that was made worse by the accident.
Prescriptions and Medical Supplies
Along with medical expenses, car accident victims are also entitled to just compensation for the cost of purchasing prescription medications and necessary medical supplies. These costs can add up quickly, and you will want to keep track of these costs to the best of your ability.
Other Necessary Expenses
Car accident victims in Alabama are entitled to just compensation for other necessary expenses as well. If you incur any costs as a result of your collision, these are costs that you can (and should) seek to recover with the help of an experienced car accident attorney.
Loss of Income
If your injuries from the accident prevent you from working for any length of time, you are entitled to just compensation for your loss of income. Wages, salary, commissions, gig earnings, and tips are all covered under Alabama law.
Loss of Benefits
If you receive benefits at work, you are entitled to just compensation for your loss of benefits as well. Your attorney will be able to help you understand what benefits are covered and calculate appropriate compensation on your behalf.
Non-Economic Damages in a Car Accident Lawsuit
Non-economic damages provide financial compensation for all of the other ways that your accident-related injuries negatively impact your life. The types of non-economic damages that are generally available in car accident lawsuits include:
Pain and Suffering
On top of your medical bills and other out-of-pocket expenses, if you were seriously injured in a car accident, you are also entitled to additional compensation for your physical pain and suffering.
Emotional Trauma
Car accident victims in Alabama are entitled to just compensation for their emotional trauma as well. This includes emotional distress from the accident itself as well as anxiety, depression, and post-traumatic stress.
Scarring and Disfigurement
If the accident has left you permanently scarred or disfigured, this can also entitle you to additional financial compensation above and beyond the costs of your treatment and recovery.
Loss of Companionship and Consortium
Whether due to physical limitations or emotional trauma, car accident victims who find themselves unable to enjoy spending time with their friends and loved ones can also seek compensation for their loss of companionship and consortium.
Loss of Enjoyment of Life
Car accident victims in Alabama are also entitled to just compensation for their loss of enjoyment of life. Here too, this covers loss resulting from both physical injuries and the emotional impacts of being involved in a serious collision.
Punitive Damages in Car Accident Lawsuits
As we mentioned above, punitive damages are only available in limited circumstances. However, when they are available, they can significantly increase the amount that car accident victims (and their families) are entitled to recover.
Filing a claim for punitive damages generally requires “clear and convincing” evidence that the at-fault party acted intentionally, maliciously, or showed willful disregard for others’ safety. Under Alabama law, punitive damages in car accident lawsuits are limited to three times the victim’s (or family’s) compensatory damages or $500,000, whichever is greater.
Do You Have a Car Accident Lawsuit in Alabama? Contact Us for a Free Consultation Today
A car accident can change your entire live – and the lives of your family – upside down in an instant. If you were hurt by a careless or reckless driver, you need to know your rights; you may be entitled to compensation for your physical, financial, and emotional losses. The experienced attorneys at Morris, Andrews, Talmadge & Driggers, LLC understand the hardships you may be facing and we know how to win.
Don’t postpone the justice you deserve another day. Contact Morris, Andrews, Talmadge & Driggers, LLC today online or at 844-654-6228 for a FREE case evaluation. With offices in Dothan and Mobile, we represent accident victims throughout Alabama.
