Compensation After a Car Accident

February 16, 2022
By Clawson Fargnoli Utsey, LLC

While you never want to suffer an injury in a crash, it’s not always avoidable. You cannot predict someone else’s actions and when they might be negligent. When you need compensation after a crash, it helps to understand what you may recover and how to maximize your settlement.

There are different types of compensation you may seek following a crash so that you can move forward with your recovery. Our goal as your legal team is to help you understand what kind of compensation is available to you and position your case in a way that helps you get what you deserve.

The types of compensation you might be able to recover include:

  • Economic compensation
  • Non-economic compensation
  • Punitive damages

Economic Compensation

When you experience a crash, you suffer numerous losses. You might suffer severe physical injuries and require medical attention, as well as damage to your vehicle. Seeking compensation means covering the monetary losses associated with these damages. For instance, you can seek economic compensation for the following:

  • Medical bills
  • Lost income
  • Vehicle repairs
  • Therapy and rehabilitation

You might be able to recover compensation for any losses associated with the crash. However, economic damages are easier to prove because you typically have a bill, receipt, or paystub showing your exact losses. For instance, you can show your weekly paystub and seek compensation for lost income if you’re unable to work due to your injury.

Non-Economic Compensation

Non-economic compensation is often tougher to prove, but it’s much easier with a lawyer on your side. In fact, hiring an attorney is the most effective way to maximize your non-economic compensation because it requires you to show losses that don’t have a monetary value.

Your non-economic damages include your pain and mental anguish. You must show that your injury has significantly deteriorated your quality of life. If you can show a reduced quality of life because of the crash, you can include non-economic compensation into your losses.

Punitive Damages

One type of compensation that you may recover but is far less common is punitive damages. When you seek punitive damages, you are required to show that the defendant’s actions were willful and reckless. They knowingly caused you to suffer an injury with their wanton disregard for others’ safety. There must be “clear and convincing evidence” that shows the other party acted in this manner.

Another aspect of punitive damages is compensation for your damages. You may only seek punitive damages if you have recovered compensation in the earlier stages of your case.

One thing to note about punitive damages is that they’re designed to punish the defendant for their actions and deter further reckless behavior. The courts may calculate punitive damages through the degree of fault, how severe your injuries are, and the history of the defendant’s negligence.

To get the most out of your case, you should be sure to work with legal counsel who understands the process and how to pursue maximum compensation. Insurance companies are quick to deny or minimize claims that threaten their profits, so they take steps to protect their bottom line. Working with a lawyer protects you from their tactics and puts your rights first.

At Clawson Fargnoli Utsey, LLC, we care about helping you through your challenging legal process. Our Charleston car accident attorneys prioritize your best interests every step of the way because we truly care about helping you move forward. We encourage you to get answers from our team in a free consultation so that you can have peace of mind and move forward effectively.