In a car crash lawsuit, there may be different types of damages available. If that's the case, which ones should you pursue?
No one wants to think about getting into a car crash. But, unfortunately, life often has other plans. If you are involved in a car crash, it's best to know what your options are. Pursuing damages is one particular legal issue you must consider. You may have lost a family member or even suffered your own injuries. If that's the case, what can you be compensated for?
What you can recover will depend on the type of harm you've suffered. Here is a basic list of some common types of damages:
- Loss of consortium. If you've lost a spouse or your spouse has been severely injured in a car crash, loss of consortium may apply to you. Consortium includes benefits of married life such as affection, companionship, and solace, among many others. The uninjured spouse usually makes this claim, and his or her claim will often depend on what the injured spouse recovers.
- Medical expenses. You'll likely be able to recover for medical expenses arising from a car accident, such as ambulance fees, consultations with medical professionals, physical therapy, and more. It's best to document all treatment that you receive so that you have proof of each medical cost and to ensure the most accurate estimate possible for your claim.
- Wage loss. Wage loss applies to the work that you missed out on because of your car crash injuries. You will likely need evidence of your lost wages, which could include proof of your injuries and documented proof of the missed work time. It may be helpful in this situation to request a letter from your employer, explaining your lost time and base pay.
- Pain and suffering. Pain and suffering generally applies to any emotional, mental, or physical distress that you incur from the car crash. This is a general category that's based on the type of injury and severity of it. For example, it could be any general anxiety and/or stress you've had to endure in the aftermath of a grisly accident. Or, it could include the mental anguish you feel from having lost a limb or becoming disfigured.
Don't Forget: Statute of Limitations
Also, don't forget the statute of limitations. Every state has a limit on the number of years you're allowed to take to pursue a legal claim called the statute of limitations. These laws are in place to avoid stale claims and to ensure fairness for the party being sued. Massachusetts has a statute of limitations for civil claims of up to 3 years.
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