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What Type of Damages am I Entitled to if I am in a Car Crash? PDF Print E-mail

If you have been injured in an accident through no fault of your own, you may be entitled to payment for medical bills, future medical expenses, pain and suffering, mental anguish, lost wages, loss of earning capacity or reimbursement for property damage.

Medical expenses include expenses incurred to treat your injury, such as doctor’s visits, hospital expenses, emergency room charges, chiropractic care, physical therapy and even reimbursement for medical devices which you may require as part of your recovery, such as, neck braces or crutches. In addition, if the evidence establishes that you are likely to need ongoing care in the future, as a result of the accident, payment for this expense may also be recoverable.

In cases of negligence, as an injured victim you may also be entitled to pain and suffering damages for the physical pain which you suffered as a result of the accident or injury. Sometimes it is difficult to calculate the value of this type of damage, but typically the jury will take into consideration the nature of your injury, the severity of your pain, and how long you suffered in order to determine the amount of this potential award.

Often, the trauma of a significant accident can result in mental or emotional distress. A victim’s symptoms post-trauma can include apprehension, fright, anxiety, nervousness, worry, grief and shock. Since serious injuries usually result in accompanying loss of income, the isolation and financial stress that result from being out of work can compound an injured party’s damages and compensation for this damage may be available.

Of course if an accident and injury results in lost time from work, you may recover lost wages for the amount of money you would have earned between the time of the injury and the time of a judgment or settlement had you not been injured.

In addition, if you can show that your ability to earn money in the future has been impaired, you may be entitled to damages for lost earning capacity. Typically, the jury will take into consideration your past earnings in determining an appropriate damage award under this category.

Another category of damage which is perhaps less well known, is referred to as loss of consortium. This damage stems from the loss of benefits of family life when a spouse or family member is injured. Serious accidents can affect a victim’s relationship with family members and that loss is potentially compensable under New Hampshire law.

Finally, the property damage to your vehicle is typically handled as a separate matter. The assessment of damage to your vehicle is usually determined quickly and compensation for those damages can be paid without affecting your personal injury claim. While the damage to your vehicle can be determined almost immediately after the accident, the other injuries discussed above develop over time. It is important that injury victims remain patient and do not fall into the trap of accepting an early settlement before all of their damages are determined.

If you or a family member has been in an accident, you probably have many other questions. Rice Law Office can help you with your questions. We can help explain the accident laws and accident reports to you so you know and understand your rights. We can give you valuable insight regarding your case and provide information about how to handle your injury claim.

If you have questions about your injury case, call Rice Law Office now for a free, no obligation telephone consultation at (603) 528-5299.