If you were injured in a car accident, you may be able to recover damages to compensate you for your loss. Recoverable damages in Fremont car accidents fall under three categories: economic, non-economic, and punitive damages. An experienced car accident attorney could help you calculate these damages and receive the compensation you deserve. Call today to set up a consultation.
Economic damages are one of the recoverable damages in Fremont car accidents. Economic damages typically include:
- Lost wages in the past or the future
- Medical expenses
- Loss of earning capacity
- Loss of potentially doing other types of jobs in the future
The lawyer will gather evidence of the medical expenses by looking at the medical bills and asking the doctors what the future impact of the injuries are. If damages include future lost wages, the lawyer will get a report from a vocational expert that will talk about the future economic effect, and an economist will put an actual present-day value on these future lost wages.
Non-economic damages may also be available for an injured car wreck victim. Non-economic damages could include:
- Pain and suffering
- Permanent injuries
- Loss of consortium
There is no magic formula for determining non-economic damages. The attorney and plaintiff must work together as a team to try to maximize the recovery. For example, if someone is medically treated for three months with soft tissue injuries, the issue would be how much should a person receive for three months of having a neck and back strain and seeking medical treatment. If the injured victim broke their leg and could never walk without a limp again, then the value of that injury would be tremendously higher.
The purpose of punitive damages is to punish someone for their bad and reckless behavior. Punitive damages are rarely considered recoverable damages in Fremont car accidents, and a defendant basically has to shock the conscience of the community in order to get punitive damages. For example, an intentional reckless act such as hitting and running after a vehicle accident or driving under the influence of drugs and alcohol could constitute recklessness. In these circumstances, a jury or judge could potentially award punitive damages.
There is no ratio for determining punitive damages. It is up to the jury. The judge, however, can reduce the amount of punitive damages in a post-trial motion based on the law and the facts in a particular case.
There is a damage cap for non-economic damages in Nebraska. It is set at $250,000 for a single person and $350,000 for a married person. If a person can show that it is a catastrophic injury, then there is no cap. The definition of a catastrophic injury would be an injury that essentially causes the permanent loss of use of a bodily function or a body part, but the exact definition is unclear under Ohio law.
The best way to circumvent these caps on damages would be to get medical testimony to show that the injury can cause the loss of use of a body part or a bodily function.
This would include affidavits or testimony under oath from medical experts that would address the specific definitions of the law.
Contact a Fremont Car Accident Attorney
If you were injured in a car accident, you may face high medical bills and lost wages. These hardships are often considered recoverable damages in Fremont car accidents, and an attorney could help you receive them. Reach out to a skilled lawyer today to get started on your claim so that you could get the compensation that you deserve.