If you are injured in a motor vehicle accident and you are not at fault for the collision, then you are entitled to compensation or “damages” for your injuries and any losses you suffer due to your injuries. There are different types and which ones you are entitled to make a claim for will depend on your circumstances, the nature of your injuries and the extent of your recovery.
Pain and Suffering
Damages for pain and suffering compensate you for your pain and suffering and any loss of enjoyment of life as a result of the injuries suffered in the motor vehicle accident. The amount you are entitled to is determined through an examination of your circumstances and through precedent (past cases) which is what judges have awarded individuals in similar circumstances at trial.
Injuries suffered in motor vehicle accidents occurring after April 1, 2019 may be limited to $5,500.00 for pain and suffering under the new minor injury caps if proper evidence is not provided.
Past Wage Loss
Damages for past wage loss compensate you for any lost income resulting from missing time from work due to your injuries from the date of the accident until settlement or trial.
Loss of Future Income and Earnings
Loss of future earning capacity is a claim for lost opportunity to earn income into the future due to injuries from a motor vehicle accident. The loss of opportunity can arise because your injuries prevent you from working at all, from working full hours or from working in your own pre-accident occupation or other types of occupations that you were well suited for before the motor vehicle accident.
Future Healthcare Costs
If the physical or psychological injury is considered permanent and ongoing future treatment is recommended by the medical experts as reasonable and medically necessary, you are entitled to compensation for future anticipated treatment costs.
Out of Pocket Expenses
Special damages compensate you for all out of pocket expenses you have incurred relating to your accident-related injuries. Such expenses will include user fees from therapy, medications and mileage.