What damages can I collect for in a car accident?
Question Details:
An 80 year old man ran stop sign plowing into me. I am self-employed with no medical insurance. Probably $5000 in medical bills, $800 in property damages and have already lost $7000 in lost wages in the first week after accident. Will probably have lasting effects from injury that will make working painful for years to come, such as bending and lifting. Wife has fibromyalgia and will have to hire help for her due to my limited ability to help her. Should I be able to recoup my cost from his insurance company?
Personal Injury Law Answers
Yes, you should be able to recover damages (compensation) for personal injury and separately for property damage to your vehicle. As for your personal injury claim, you should include your medical bills, lost wages, transportation based on the number of trips and a mileage rate based on the distance to the doctor for medical treatment. Your claim should also include compensation for pain and suffering in addition to future medical treatment. Your claim should also include loss of consortium (marital relations). Your claim should also include the cost of hiring help for your wife. If the other driver has a small policy (is underinsured), your recovery of damages may be limited by the policy limits.
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