If you have been involved in a car accident in West Virginia, you may be entitled to compensation for the harm you have suffered. In order to receive compensation for your losses, you must show that you have sustained damages. “Damages” is a legal term that is used to describe how a car accident has negatively impacted a crash victim. While some types of damages may be obvious, you may not be familiar with other less common forms.
At Salango Law, our lawyers have decades of combined experience handling car accident cases and have secured over $150 million in settlements and verdicts for our clients. We put our clients first and are willing to meet you where you are, whether you are recovering at home or you are in the hospital receiving care. For a free consultation, reach out to us today by calling (304) 342-0512 or by contacting us online.
Types Of Damages In A Car Accident Case
Car accident cases are known to cause significant and severe injuries. They also can result in property loss and emotional distress. The law allows you to receive compensation for these losses in the form of damages. Some of the types of damages that you may receive in a car accident claim include the following:
Medical Treatment Costs – If you have sustained injuries caused by a car accident, you may be able to recover the cost of medical treatment via a car accident claim. Damages in the form of medical costs can be calculated based on prior medical treatment and what it will cost to provide future ongoing care.
Property Damage – In most car accident cases, there is property damage caused by the collision. This can involve damage to your vehicle or other personal property, such as electronics that were in your vehicle at the time and may have been damaged as a result of the accident.
Lost Wages – If the injuries you have suffered as a result of a car accident prevent you from working for a time, you may recover damages in the form of lost wages. You may also receive damages for future loss of income potential if your injuries prevent you from ever returning to your pre-accident job.
Pain and Suffering – Most injuries caused by a car accident result in some form of pain and suffering. The law allows you to recover pain and suffering damages if it can be shown that your injuries were significant enough to result in you experiencing physical discomfort. In many cases, the more severe your injury, the more you may be able to receive in pain and suffering damages.
Emotional Distress – Being involved in a car accident can be a traumatic experience. The terror, fright, and traumatic stress you endure as a result of a car accident may entitle you to damages in the form of emotional distress. Emotional distress damages are generally subjective, or in other words, may vary depending on the individual experience. As a result, these damages are typically determined by assessing the circumstances surrounding the accident and the nature of a victim’s injuries.
Proving Damages In A Car Accident Claim
To receive compensation in the form of damages, it will need to be shown that the collision caused the injuries, lost income, property loss, and emotional distress you have experienced. There are many ways to prove damages, but it is recommended that you consult with a car accident lawyer to determine the kinds of evidence you should present and the types of damages you will be entitled to. Some examples of how to prove damages include:
Video and Photo Evidence – Immediately following an accident, taking photos of the scene and the damage to your vehicle can help show how the accident occurred, who was at fault, and the extent of certain losses.
Eyewitness Testimony – If there were witnesses to the accident or its immediate aftermath, they might be able to help prove damages such as pain and suffering and emotional distress. Witnesses can attest to your condition following the accident and may be able to provide insight into your state of mind and physical condition during and after the crash.
Medical Records – When you receive medical care for injuries suffered as a result of a car accident, accompanying medical records are created that detail the injuries you have suffered and the treatments those injuries require. These records may also indicate how successful the treatment was in addressing your injuries. These records can help prove your pain and suffering and the cost of the treatment you have received.
Income Documents – If your injuries prevented you from working, income documents can help to quantify how much you would have earned had you not been involved in the accident. Documents, including tax returns, W-2 forms, and paystubs, can prove how much you were earning pre-accident and prove what you lost in income due to the collision.
Additional Considerations
Determining whether you have a case and what it could be worth based on potential damages is something best left up to an experienced car accident attorney. It is also important to remember that if you were partially at fault for the accident, then the damages you could receive may be reduced by how much you contributed to the cause of the accident. In other words, if you were 30% at fault for the accident, then you can expect that the amount of damages you receive from other parties will reflect the sum of your losses, reduced by 30%.
West Virginia Car Accident Lawyers
If you have been involved in a car accident that harmed you financially, physically, and emotionally, you deserve compensation if another’s negligence, recklessness, or intentional misconduct caused that crash. But knowing that you are entitled to damages and pursuing them successfully are two different things.
At Salango Law, our car accident lawyers in Charleston, West Virginia know how to calculate and prove damages and have secured over $150 million in settlements and verdicts for our clients. We understand that you want to get your life back on track, and we will fight hard to better ensure that you receive every dollar you deserve. For a free consultation, reach out to us today by calling (304) 342-0512 or by contacting us online. We look forward to hearing