What Influences Your Damage Award?


If another driver has injured you in an automobile accident, you may be owed money for a variety of reasons. How much you are paid, though, depends on certain factors. To learn more about the issues that spell out the money damages you can be paid, read on.

Know About Fault

It's one of the first questions that come to mind after an accident, and it's a very important factor for your entire case. In most cases, either you or the other driver caused the accident. The driver that is at fault is responsible for paying all the accident damages, including your own. Most drivers are insured so that means that their insurer is paying the tab. If you are at fault, however, your insurance will pay for your car to be repaired and your medical bills only. Unfortunately, if you are at fault, you won't be able to be paid for lost wages, pain and suffering, and other common forms of damage. If the other driver is clearly at fault, though, that compensation can be paid to you. Fault is often determined using witness statements and law enforcement's on-the-scene investigations.

Medical Treatment Costs

The next issue is also extremely important. The dollar amount of your medical treatment costs can make your damage award skyrocket — and that figure doesn't include your covered medical bills. You must have a physical injury, however, to gain medical expense payments. You must also have been to the doctor or hospital and treated for a physical injury. Not only are you entitled to be paid for your medical bills, but you can also be paid for pain and suffering, which may be several times your medical costs.

Proof of Everything

  • The next important issue is proof of the above. If fault is not agreed upon, then be ready to show proof that the other driver caused the accident. Evidence to support that comes from witness statements, the accident report, photographs, videos, damage to the vehicles, and more.
  • Proof of your injuries is primarily satisfied using your medical records. You may also need proof of future medical needs and that can be obtained from physicians and experts who can predict how much your future treatments will cost.
  • You can be paid lost wages and you should plan to give your personal injury lawyer a pay stub or statement, a bank statement, or an income tax return to show how much you are owed.

To learn more about any of the above, speak to a personal injury attorney.

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Your Injuries, Your Rights

Medical bills can pile up quickly after an accident or injury. Then, you miss work and lose wages, leaving you in a tough spot financially. It can feel like there is no way out, but hiring a personal injury attorney can be a smart first step towards getting the compensation you deserve. This website is chock-full of articles on personal injury law. We hope to help you feel more confident as you find an attorney and start building your case. Learn about options like settling out of court, and also how the amount of compensation is determined. You have rights, and an attorney will help you defend them.

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