When a car accident occurs, the responsible party pays the victim compensatory damages. However, it’s not always that simple. You need to prove that the other party is responsible for your damages. Compensatory damages, in the legal context, is the term for the sum of money a car accident victim can receive as a result of a personal injury lawsuit or insurance claim. Compensatory damages are often divided into two categories- general damages and special damages. You can continue reading to learn more about what damage you can recover in a car accident. 

Special Damages 

Special damages, also referred to as economic damages, can have a specific monetary value. These types of damages include the present and future expenses for the victim as a result of the accident. In most car crashes, economic damages cover medical expenses such as ambulance fees, medical devices in case of disability, rehabilitation, physical therapies, in-home services, prescription drugs, surgeries, medical tests, emergency room fees, doctor appointments, and permanent disability expenses. These expenses can be proven through bills and receipts.

Economic damages can also cover lost wages if you are unable to perform your job due to ongoing medical treatment or you have experienced a loss of earning potential as a result of the car accident. To obtain compensation for lost wages, the victim must provide proof such as a letter from their employer and their recent pay stubs demonstrating their inability to perform their job.  

Damage done to your vehicle, such as repair and replacement costs and any personal property present in the vehicle at the time of the accident that was destroyed can also be covered under economic damages. 

General Damages

General damages, also referred to as non-economic expenses, are more challenging to calculate. These damages are intended to compensate the victim for the pain and suffering, mental anguish, and distress they suffered due to their injuries. For example, if a person suffered a mental health condition such as depression or anxiety due to the accident, they can be eligible for general damages. 

Compensation for disfigurement, disability, and loss of enjoyment of life is also included in general damages. The amount of general damages a car accident victim receives can depend on various factors, including the severity of the victim’s injuries, their impact on their mental and physical well-being, and the final prognosis of any future mental distress resulting from the victim’s injuries. 

Punitive Damages 

According to Nuñez Law, P.L. – law firm in Miami, punitive damages do not apply to every car accident case. These damages are intended to punish the at-fault party for their actions and are generally higher in amount than compensatory damages. The court typically awards a car accident victim punitive damages if the defendant’s intentional misconduct or gross negligence is determined to be the cause of the accident. 

Gross negligence is defined as a person’s recklessness and complete disregard for the adverse consequences of their actions. Common examples include driver distraction, such as texting while driving or driving while intoxicated.